MUDANÇAS NO PARADIGMA DO ACESSO À JUSTIÇA: A MEDIAÇÃO DE CONFLITOS POR MEIO DAS SERVENTIAS EXTRAJUDICIAIS

• Autor(a) principal: de Arruda, Larissa Águida Vilela Pereira
• Data de Publicação: 2020
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da EMERJ (Online)
• Texto Completo: https://ojs.emerj.com.br/index.php/revistadaemerj/article/view/205
• topic: desjudicialização; justiça multiportas; serventias extrajudiciais; acesso à justiça; provimento nº 67/2018/CNJ; judicialization; multiport justice; extrajudicial services; acess to justice; provision no 67/2018 cnj

The present article aims to propose an analysis of the recent alterations verified in the scope of access to Justice, bringing the extrajudicial method as an alternative way to pacify conflicts, specifically evaluating mediation in the context of extrajudicial services, an institute disciplined by Provision no. 67/2018, of the National Council of Justice. This is because Law no. 13.105 / 2015 (Code of Civil Procedure) considered the consensual solution of conflicts as an appropriate tool in the promotion of judicial protection that must be provided by the State. Thus, the present will seek to elucidate the theoretical and practical context of the mediation institute within the scope of extrajudicial services, addressing for this the elements that revolve around its field of applicability. As a result of this, we will seek to identify and present the paradigmatic change that occurred within the scope of access to Justice, mainly because it is a constitutionalized right and that for this reason requires that professionals in the legal sciences must be aware of the implementation of new tools that can expand it and make it effective. For example, we bring the mechanisms implemented through the so-called “Multiport Justice”, which can even be seen as a new niche for the development of services that are provided in extrajudicial services.