O microssistema de autocomposição : possibilidades de um sistema mais participativo

• Autor(a) principal: Carlos, Helio Antunes
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Espírito Santo (riUfes)
• Texto Completo: http://repositorio.ufes.br/handle/10/11324
• topic: Autocomposição; Direito Processual Civil; Brasil, [Código de Processo Civil (2015)].; Processo civil; 340

The present work deals with the microsystem of Autocomposition, which is the result of the structural coupling between the systems of heterocomposition and selfcomposition. This microsystem carries out its operations, mainly, from the selected part of the CPC/2015 (not the whole code), the Mediation Act and the CNJ Resolution No. 125/2010, which, by itself, already demonstrates a functionally different logic, because the Microsystem is composed, in part, by the codified legislation itself, which maintains communication with other legislations through its general principles and clauses. In this way, the code is not applied in a subsidiary character, as is the case in other microsystems. In this sense, it is observed that the CPC/2015 establishes a new logic in relation to the use of self-composition, because it establishes a multidoor model of access to justice, which seeks to provide several options of mechanisms of appropriate treatment of Conflicts, to put a final term in the conflict brought to the judiciary. Furthermore, the CPC/2015 instituted a model of procedural flexibility, which provides a greater possibility of adapting the procedure to the demands of subjective, objective or teleological order of the concrete case. In this context, the microsystem of self-composition starts to exert prominence in view of the wide range of options to adapt the procedure, through the importation of techniques and dialogues between procedures, with the objective of providing the appropriate treatment of Conflict, preferably for the consensual solution.