A formação do advogado e sua importância na resolução alternativa dos conflitos

• Autor(a) principal: Morais, Raquel Cortes Cruz
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório da Faculdade de Direito de Vitória
• Texto Completo: http://191.252.194.60:8080/handle/fdv/686
• topic: Sobrecarga no judiciário; Meios consensuais de resolução de conflitos; Curso de graduação em Direito; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This research seeks to establish a relationship between the number of lawsuits in process, number of lawyers active, number of courses in law and the quality of teaching provided in the sense of new alternatives for conflict resolution to reveal the importance of the lawyer in the consensual resolution of conflicts. The present research has the following objectives: (1) to analyze the data concerning the academic formation in law of the lawyer, (2) as well as the curricular matrix of the Law Course, (3) and the CNJ's Justice in 2017 report, which demonstrates the growing number of lawsuits in court, (5) delimit the relationship between the analyzed data and (6) establish the importance of new legislation, such as the Code of Civil Procedure of 2015 in the consensual resolution of conflicts and the role of the lawyer in the culture of litigation and how this relates to the teaching offered in the Law Course. The method used to do so was the hypothetical deductive method in which the theory is a set of quantitative and qualitative data about a fact, to be verified about the possibility and relation with the object, being tested the possibility of the presented data regarding the formation and the lawyer's performance is related to the high number of lawsuits in progress. The first chapter has the purpose of contextualizing the crisis in the judiciary due to the overload and results of legal innovations in order to give greater emphasis to the consensual means of conflict resolution. In the second chapter we presented the panorama of the undergraduate course in Law, the recent compulsory teaching of consensual means of conflict resolution, the lack of education in relation to it and the scenario of advocacy in Brazil. Finally, we related the themes of previous chapters to conclude that the undergraduate course in Law presents deficiency in relation to the teaching of consensual methods, the updating of the course for it is an important factor to overcome the litigiousness, however, this context is not the fault of the lawyers alone, has an important role to implement the culture of pacification by consensual means of conflict resolution