Revista da EMERJ - V. 21 - N. 3 - Setembro/Dezembro - 2019 - Tomo 1

83  R. EMERJ, Rio de Janeiro, v. 21, n. 3, t. 1, p. 72-86, set.-dez., 2019  TOMO 1 (especially payment orders and provisional measures) was substantially higher than the number of plenary proceedings. 37 H. However, there is no basis for dismissing the use of indicators as so seriously deficient that they do not even deserve mention or contestation. Exploring the Doing Business Project can be fascinating and rewarding for a lawyer, particularly a scholar in civil procedure, as it helps dispel the sense that civil procedure is distinct from the other fields of the law, to say nothing of the sense of remoteness of civil procedure from the society at large. At first sight, this revelation seems to be in tune with Mauro Cappelletti’s viewpoint about the role of procedural law. As he put it: Procedural law is not just about techniques – methods to regulate the business of courts. Procedural law, in the first place, details the role of government, through public courts, in settling disputes, creating new substantive rules and policies, and implementing policies through law. Important public policies are at stake in decisions about when to encourage parties to litigate, how to shape their factual and legal claims, and whether to promote a strictly legal resolution as opposed to a negotiated settlement. How much law regulates social behavior depends in large part on how the machinery of justice is constructed. 38 However, the global ideological setting in which indicators have been implemented in the field of civil procedure is different from that one in which Cappelletti wrote. As U. Mattei put it: Cappelletti’s work […] witnessed a moment of general optimism in the public interest model, an idea of an activist, redistributive, democratizing, public-service-minded approach to the public sector in general and to private law in particular. In this intellectual mode of thought, the Welfare State in Western Societies was seen as a point of arrival in civilization, 37 For further details on the special proceedings in the Italian civil justice system, s. Caponi , A Masterpiece at a Glance. Calamandrei, Introduzione allo Studio Sistematico dei Provvedimenti Cautelari, in: Cadiet/Hess/Requejo-Isidro (Hg.), Procedural Science at the Crossroads of Different Generations, 2015, 373–380. 38 Cappelletti/Garth , Introduction – Policies, Trends and Ideas in Civil Procedure, in: David et al. (Hg.), International Encyclopedia of Comparative Law, (M. Cappelletti Hg.), vol. XVI Civil Procedure, 1987, 1.