Source: Correio Braziliense, 09/01/2009

Several initiatives are beginning to strengthen and multiply in Brazil in which public institutions take on strategies, processes and performances previously considered exclusive to the private sector. We live in an era of innovating in the recombination between State and market, between public and private. Especially in the managerial area. In the Judiciary too.

At the end of 2008, the National Council of Justice completed a series of regional meetings with Brazilian courts - more than 90 - that, one by one, described their difficulties and innovations. An increasingly common point is that, for the most part, but not yet in its entirety, courts begin to have a strategic planning routine with goal setting, including for courts and judges, and systematic performance assessment.

As an example, in the state of Sergipe, a state law establishing a bonus to reward Sergipe's civil servants who stand out in the performance of their duties, positions and functions throughout the year came into force. An annual bonus-bonus was created based on the rules and goals defined by the Sergipe Court of Justice. Servants linked to the final area of ​​the Judiciary - that is, those directly responsible for the processing of jurisdictional proceedings - who are assigned to the winning units in each category will be entitled to the bonus bonus. The focus is on the efficiency of user service, that is, the administration of Justice.

According to the “lowest congestion rate” and “highest productivity rate”, judicial courts are awarded. The “executor of warrants from Grande Aracaju” who has the best “index of warrants with a purpose achieved” will also receive the bonus. And so on. Furthermore, the best practices or innovative projects presented by civil servants will be awarded. In this case, the participating judges, although they do not receive cash bonuses - for legal prohibition -, will be rewarded for the purpose of assessing their merit in removals, promotions and access. With improved functional performance and innovation in jurisdictional provision, everyone wins.

This initiative by the Court of Sergipe deserves to be followed carefully by all courts. A door is opened so that employees, who cannot participate in profits for obvious reasons, have a direct interest in the efficient managerial performance of their public institution. The reform of the Judiciary enters a new level: a fairness of goals and performance evaluations.

In fact, in the same direction, the new mayor of Rio de Janeiro, Eduardo Paes, on the first day of government, signed a decree establishing a system of goals for the sectors of the city government, with performance evaluations and the possibility of remuneration and awards to civil servants. This system, clearly part of the private management culture, should start to be implemented in 120 days.

The Judiciary cannot, as a company, freely dismiss employees and judges who are underperforming. Culture, bureaucratic processes and the law do not allow it. Replacing punishments and inertia with additional stimulus and remuneration, a new path is undoubtedly opened.

The fact is that no state in the world dispenses with an efficient, prepared public service that is responsible and accountable. We returned, in a way, to Hélio Beltrão and his preaching for a bureaucracy focused on accountability to citizens. The Judiciary included. Not without time.