Conciliation and Mediation Hearing: Way to the unclogging of the Judiciary

• Autor(a) principal: Dinamarco, Márcia Conceição Alves
• Data de Publicação: 2021
• Outros Autores: Oliveira, Bruna Machado de, Paula, Stefany Carvalho de
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Direitos Democráticos & Estado Moderno
• Texto Completo: https://revistas.pucsp.br/index.php/DDEM/article/view/50509
• topic: Keywords; Mediation; Conciliation; Alternative Dispute Resolution; Access to the Justice.; Mediação; Conciliação; Meios Alternativos; Acesso à Justiça

This scientific paper aimed to deepen the concepts and guidelines of Alternative Dispute Resolution, specially conciliation and mediation hearings, in view of the problem in the Brazilian Judiciary, which is the clogging and the lack of access to justice for all social classes, as well as the peaceful solution between the parties. In addition, the paper in question aimed at comparing the Brazilian Civil Procedure Code of 1973 and the New Brazilian Civil Procedure Code, and also the notions about conciliation and mediation. Fr this, we used case law research relevant to the case before the Superior Federal Court and the Superior Court of Justice, in addition to observe the applicability of alternative mechanisms of composition between the various areas of Civil Law, such as Family Law, Civil Liability and Possessory Actions. In the approach aspect, the studt is quantitative and descriptive. In relation to the methodological aspects, bibliographic research was mainly used, which report that the central problem of brazilian society is the lack of access to justice and the lack of access to justice and the lack of plausible sokutions to the demands already filed in the Judiciary, allowing a new interpretation more consistent with the Brazilian and innovative reality compared to the Brazilian Civil Procedure Code of 1973.