Source: Legal Consultant - São Paulo / SP - 26/11/2009

The Special Body of the Court of Justice of São Paulo approved, on Wednesday (25/11), the strategic plan of the court for the next five years (2010-2014). The management project of the largest court in the country has 22 priorities to be attacked by the next two presidents of the São Paulo Judiciary. The proposal was presented by Judge Samuel Júnior.

According to Samuel Júnior, who coordinated the team from the Planning and Management Center, responsible for drafting the document, the idea is to seek a new management model that is capable of modernizing the São Paulo judiciary and preparing the court for a leap in administrative quality. and jurisdictional.

The strategic planning model was the idea of ​​the National Council of Justice. At the beginning of the year, the CNJ imposed a policy of management goals to be followed by the country's courts. All according to the new model of public administration developed under the Itamar Franco government, under the baton of a group led by Bresser Pereira.

The intention is to speed up the processing of the more than 19 million cases that exist today in the State Courts, responsible for 49% of the cases that go through the Brazilian Judiciary. The project wants to upgrade the implementation of the computerization program and society's access to the Judiciary and also invest in the valorization of personnel and the structure of the São Paulo Justice.

The future president, who will be chosen next Wednesday (2/12), will not receive the house tidy, but it can be said that he will have a plan of goals to pursue. Never can a president of São Paulo's TJ count since before taking office with a type of PPA (Plano Plurianual), a rule of finance and public administration provided for in the 1988 Constitution.

This management model has been in full swing in the federal budget since 2001, with the approval of the Fiscal Responsibility Law. The Strategic Plan of the Court of Justice will act as a guide, a tool for the next administrations to focus their administrative efforts in the provision of a faster Justice.

Transition period

Future presidents will not have to go through the same embarrassment as their predecessors. In the so-called transition period, between victory and possession, the former occupants of the leadership of the largest court in the country did not know how to make their management program, as they lacked reliable data.

They did not even have an appropriate room to receive and discuss plans with their future helpers. Friends who lent their offices to the transition team were obliged to use their goodwill, as happened with the current president, who started to dispatch in the office of the president of the Public Law Section.

Now, the National Council of Justice has issued another rule, by means of a resolution, which defines how the transition process in command of the country's courts will take place. The rule will be regulated by CNJ resolution. The rule intends to guarantee to the new elected officers information necessary for the elaboration and implementation of their management programs, with the objective of contributing to the administrative continuity in the courts

According to the CNJ, the CNJ resolution also provides that it will be up to the current presidents to deliver to the elected representatives a report with information on strategic planning, procedural statistics, a summary of the work of the permanent and project commissions. The document must also report the budget specifying the actions and programs in progress, including requests for supplementary credits.

The change

The advancement in the management model will require the resourcefulness of the future leaders of the São Paulo TJ and force the high and medium bureaucracy to become familiar with new terms and practices such as planning, resource allocation, transparent actions, risk prevention, correction of deviations and management administration .

It is a shock of proportions close to what happened 20 years ago, when the Union met the Master Plan for the Reform of the State Apparatus. Under the new rules, the Court will have to throw away the traditional budget - a document that was only concerned with forecasting revenue and authorizing expenses - to put in place a program budget, with well-defined actions and linked to public planning, with objectives and goals to be achieved in the exercise of its execution.

In addition, the new model will have to be in line with the strategic plan developed to serve as a guide for a medium-term management period. It will be the entry card for the centenary court in the era of managerial justice.

A fearful revolution for a corporate institution, averse to planning, dealing with statistics, sharing information with society and working with a focus on the result of its core activity: the provision of a Justice of excellence and that can be, in the near future , reference in Brazil. It will be a new Justice administered with modern management management techniques.

According to the plan, the São Paulo judiciary wants to increase the provision of justice by 20% in the first instance and 30% in the second degree in the next five years. The goal is outlined in the draft of the strategic plan, prepared by technicians and judges who are part of the Planning and Management Center of the São Paulo Court of Justice. The plan is expected to be completed by the end of 2014.

The goals

Among the objectives are the installation of at least two digital cameras, the relocation of servers, control of the processes in the hands of the judges, hiring more advisors for the high school, creation of the São Paulo school of judiciary servers and the installation of the portal of costs of the court that will disclose acts and processes in real time.

The goals plan recognizes the precariousness of the system that controls precatories. To solve the problem, the TJ-SP wants, within two years, to have installed a computerized tool to control the decisions and payments of judicial debts.

"The Court of São Paulo has an extremely precarious system for controlling precatories," says the draft plan approved this Wednesday at the Special Body. “Thus, in order to guarantee the effectiveness of its decisions, it is necessary to invest in such a sector, providing it with adequate instruments so that it can control all the debts of the State and Municipalities, as, moreover, the Magna Carta requires”, completes the document , presented by Judge Samuel Júnior.

The plan also aims to end the lack of procedural communication between the state's counties. The forecast is until 2014 to interconnect, in a single system of management of cases, all the courts of the state justice.

The court intends to apply the set of proposals announced in the plan with an intelligent distribution of financial, human and technological resources. With the strategy, it hopes to increase productivity and improve the quality of services provided to the population. The São Paulo Court of Justice also wants to create indicators capable of measuring the institution's performance, mainly of civil servants, judges and judges, who are mainly responsible for the distribution of Justice.

Problems that may be encountered along the way have been mapped. The main threat, according to the diagnosis, would be the lack of resources and the repeated budget cuts. The court also recognizes that its lack of ability to communicate with society is another bottleneck for the good performance of what is being planned for the next five years.

The other obstacles pointed out by the strategic plan are: the worsening of social problems, prison overcrowding and bankruptcy of the prison system, outdated procedural legislation and the skyrocketing increase in litigation.

Transition team

The report to be delivered to the next president includes details of the court's organizational structure, with data on personnel, positions held and vacant, inactive employees, pensioners and temporary contractors.

The document also points out the list of contracts in force and validity terms, the investigations and internal disciplinary administrative processes and the current situation of the court's accounts with the State Audit Court.

This report must be submitted within 10 days of the election. The draft of the strategic plan for the period from 2010 to 2014 is now ready to be approved by the Special Agency. It will be the first time that the next direction of the Court of Justice, which will take over from January, will have in hand the directions drawn by a team of technicians and judges on the priority areas for investments.

CNJ Resolution

The strategic planning prepared by the São Paulo TJ management follows CNJ Resolution 70. The Council's rule defined an administrative management roadmap that must be followed by Brazilian courts. The content of the resolution was confirmed in February, during the II National Meeting of the Judiciary, which brought together the presidents of the country's courts.

The Resolution brings together 10 goals stipulated for the courts in 2009. The themes - how to guarantee agility in the processes, access to Justice and computerization - are not new, but they align the courts in a single purpose in the provision of jurisdictional services. According to the rule, the court's strategic plans must be approved by December 31.

The standard also determines that the planning must have, at least, one result indicator for each strategic objective, short, medium and long term goals, associated with the result indicators and projects and actions necessary to achieve each plan drawn up. Courts that already have their goals must adapt them to the so-called National Strategic Plan.