THE SOCIAL FUNCTION OF THE JUDICIARY POWER IN LIGHT OF THE PRINCIPLE OF EFFICIENCY

Abstract

The present work aims to analyze the Judiciary Power under the social function that permeates it, channeling the studies to identify the origin of the tripartition of Powers and the emergence of the Democratic State of Law, in order to establish a relationship between the jurisdictional provision and some elements of economic analysis of law and, mainly, to verify the presence of aspirations arising from the constitutional principle of efficiency in the judicial context. To this end, the article will feature introductory notes, a chapter dedicated to the separation of powers and the democratic rule of law, another dealing with judicial reasoning as an expression of efficiency, as well as a chapter related to the principle of efficiency applied to the judiciary and the influences of economic theory of Law, also containing some conclusions about the matters covered in this brief work, synthesized in the assertion that the more the Judiciary will fulfill its social function, the more it will give time and voice to citizenship, according to the pillars of the Democratic State right.