Revista da EMERJ - V. 21 - N. 2 - Maio/Agosto - 2019

 R. EMERJ, Rio de Janeiro, v. 21, n. 2, p. 11-39, Maio-Agosto, 2019  14 If one maintained that judicial protection of rights and efficiency are incompatible, one would be bound to believe that individuals do not care about judicial protection of rights (except when they are party to civil proceedings). The real problem is finding a way to determine howmuch individuals value judicial protection of rights in comparison with other goods and services they want to obtain and, accordingly, how many resources they wish to devote to the judicial system in comparison with other sectors of public administration. This is for the political process to decide. 3. Efficiency and Procedural Economy A further objection is that a principle of efficiency is unnecessary, since efficiency is merely a facet of the effectiveness of judicial protection of rights. 6 This objection seems to identify the principle of efficiency with the principle of procedural economy. Yet, there is a difference between the efficiency and effectiveness, as the principle of efficiency is connectedwith the purposes and arrangements of the whole civil justice system, while the principle of procedural economy is rather linked to the purpose(s) of single proceedings, by claiming that such purposes be achieved in the most costefficient way. 7 4. Efficiency of Civil Procedure: Draft Principle The principle of efficiency of civil procedure should be designed as a procedural principle that can build a bridge between the regulation and management of single civil proceedings (or discrete classes thereof) and the systemic management of the mass of civil proceedings, through the organisation and direction of services connected with the administra- tion of justice. In other words, it is advisable to develop such a principle as a guide for the legislator to perform a balancing exercise between the protection of plaintiffs’ and defendants’ interests in the fair regulation of the single dispute wherein they are involved and the citizens’ interests in Law and Economics. Essays Reform and Recollection, Yale University Press, 2016. 6 For a brief discussion on this point, cf. H. Schulze-Fielitz/C. Schütz , Justiz und Justizverwaltung zwischen Ökonomisie- rungsdruck und Unabhängigkeit, Duncker und Humblot, 2002, p. 14. 7 Cf. A. Bruns , Der Zivilprozess zwischen Rechtsschutzgewährleistung und Effizienz, p. 29 ff., p. 31 f.