Direito em Movimento - Volume 18 - Número 3 - Edição Especial

191 ARTIGOS Direito em Movimento, Rio de Janeiro, v. 18 - n. 3, p. 176-198, 2020 - Ed. Especial second wave): first, the ação civil pública was introduced in 1985 and fol- lowed by the mandado de ação coletiva , later approved by the 1988 Consti- tution which moved Brazil’s internal legal culture toward a more collec- tive approach for adjudication. Despite this,Brazilian judges, according to Prof MariaTeresa SADEK (2004), remain a detached elite with ‘aristocratic vestiges’ - a point noted also by Prof Miguel Baldez 23 who thought judges inhabited an abstract world - and perhaps this cultural background should be borne in mind when explaining judicial attitudes to informal justice. While those judges that initiated IJ reforms clearly left behind the abstract world of their col- leagues, and remain deeply committed to further developing mobile courts (an adaptation from earlier small claims courts), it is far from clear that those who manage the wider justice system share this same commitment to IJ, or to the (neo)constitutional ideology that supports ‘making rights effective’ (FARINELLI, 2009; GAULIA, 2020, p. 201-211). Is it time to now review jurisdictional constraints on IJ that prevent or inhibit the development of new approaches for public law adjudication along the lines proposed by Chayes in the 1970s? It would seem that em- pirical research by Rafaela MOREIRA (2017), backed up by the IPEA Report (2015), points to four potential problem areas: judicial recruitment (attracting suitable and adaptable judges), judicial attitudes and techniques (too formal or limited to individual casework), judicial caseloads (inad- equate case management) and party capability (the ability of clients to recognise the relevance of itinerant justice for their legal problems due to poor marketing). Training should help overcome some of these limitations and, at least to an outsider, it seems that EMERJ has a vital role to play in leading the reform effort. Indeed, it is clear that Judge Gaulia has already provided a platform for exactly this kind of training through her “ Projeto Justiça Cidadã ” which started around 15 years ago. This offers a 3-month training course for community leaders on the justice system which involves meetings with judges, public prosecutors, public defenders, lawyers, police- 23 Interview with Miguel Baldez (SÁ, BERNARDO & RESENDE, 2010)