THE RIGHT OF ACCESS TO COURT, MEDIATION AND ARBITRATION IN THE AMERICAN HUMAN RIGHTS CONVENTION

• Autor(a) principal: Garcel, Adriane
• Data de Publicação: 2020
• Outros Autores: Laurindo de Souza Netto, José, Kfouri Neto, Miguel
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Direito UFMS
• Texto Completo: https://periodicos.ufms.br/index.php/revdir/article/view/9677

The article aims to examine the right of access to justice through autonomous and diffuse means of resolving conflicts under the American Convention on Human Rights. The work is justified by its political, economic and social relevance, since, in line with the national policy for the proper handling of conflicts, established by the National Council of Justice, it develops around the dissemination of the culture of social pacification and the enforcement of Rights enshrined in the San José Pact of Costa Rica. The examination is based on two elementary and structuring premises: the invocation of a right to the resolution of conflicts through appropriate means and the expansion of judicial services beyond the adjudication provided. As a methodology, qualitative research is adopted, based on doctrinal and jurisprudential analysis. Thus, in an incursion into a principled and contemporary vision, it contributes to the methodological foundation in full development in the scope of mediation and arbitration in Brazil.