Mediação nas serventias extrajudiciais

• Autor(a) principal: Lemos, Raíssa Gabrielle Castelo Branco
• Data de Publicação: 2021
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/148613
• topic: Desjudicialização; Resolução de conflitos; Mediação; Serventias extrajudiciais; Direito

The present study aims to analyze issues related to mediation in extrajudicial services, considering the social function of those services and the current process of reduced judicial involvement. In this sense, notarial mediation will be researched as a way of expanding access to justice outside the sphere of the Judiciary, creating alternative opportunities for conflict resolution in a faster, more efficient and less costly way. It is also based on the benefits of notaries endowed with public faith and, still, allows the use of the physical structures of the notary’s offices, existent in almost the entire national territory, demonstrating the capacity to be closer and more accessible to the population. It is also based on the benefits of notaries acting as agents of social pacification through the use of extrajudicial and adequate conflict management mechanisms. In this context, we will study the legislation relevant to the institution of mediation in Brazil, such as the 2015 Code of Civil Procedure and Federal Law 13.140/2015 (Mediation Law) and also Provimento nº 67/2018 of the National Council of Justice, which deals with the specific procedure in extrajudicial services. In addition to Brazilian legislation, we will provide an overview of the equivalent legislation in Portugal, as well as its applicability in the notarial scope. So, we will research the interest in spreading the use of these alternative methods, especially mediation, considering the numerous benefits they bring to the legal system. In the study, mediation in extrajudicial services is understood as an important mechanism for amplifying access to justice, bringing speed and legal security and social pacification, characterizing it as an appropriate place for effective access to rights. The expectation is that there will be a rapid and effective evolution of mediation processes, although it is understood that in some cases time for legal and cultural transformation is needed. Based on this, it will be possible to guarantee access to justice and people's satisfaction also through alternative methods of conflict resolution in extrajudicial services.