Resolution n. 18/2020 of the federal regional court of the 4th region

analysis of the economic incentives of the imposition of tele-work of servers

Abstract

The article seeks to analyze Resolution no. 18/2020 of the Federal Regional Court of the 4th Region, which imposed a mandatory teleworking regime on all civil servants, magistrates and interns within the scope of the Federal Courts of 1st and 2nd degree. It is well known that the Coronavirus pandemic required a change in the organization of institutions, including the Judiciary. The measure was made possible by the information and communication technologies implemented in the Judiciary and the development of the electronic process by Law No. 11.419 / 2006. Thus, by applying the deductive method, based on the bibliographic and legislative review, this article seeks to analyze the data provided by TRF4 regarding productivity after the publication of Resolution n.18. To assist the development of the research, we used the instruments of Economic Analysis of Law, addressing the Theory of Transaction Costs and the premises of Limited Rationality. Thus, it was possible to conclude that there was an increase in productivity, mainly in the rendering of decisions and decisions, since it encompasses greater benefits to the server compared to dispatches and that, by adopting teleworking, it mitigates transaction costs. However, due to possible opportunistic conduct by the agent, they can cause no increase in transaction costs, reducing the efficiency of the measure.