The consensual means of conflict resolution as indicators of access to justice in the constitutional state

• Autor(a) principal: Leão, José Bruno Martins
• Data de Publicação: 2021
• Outros Autores: Medina, José Miguel Garcia
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Research, Society and Development
• Texto Completo: https://rsdjournal.org/index.php/rsd/article/view/19064
• topic: Constitutional state; Jurisdictional function; Conflict resolution; Conciliation; Mediation.; Estado constitucional; Función jurisdiccional; Resolución de conflictos; Conciliación; Mediación.; Estado constitucional; Função jurisdicional; Solução de conflitos; Conciliação; Mediação.

The Constitutional State brought a new format to the jurisdictional function, as well as the expansion of the fundamental right of access to justice. Hence, the objective of this article is extracted, namely, to verify the existence of consensual means of conflict resolution as a striking feature deduced by the contemporary jurisdictional conception, distancing itself from the traditional view of jurisdiction. Thus, this article aims to recognize the plural reality with regard to means of conflict resolution, by examining the adequacy of the path chosen by the parties themselves, which is also known as multi-door justice, given the presence of techniques such as conciliation, mediation and even arbitration, despite the proximity of the latter with the jurisdictional nature. Thus, through a review of specialized bibliography, it is inferred that the alleged strengthening of the Judiciary also indicates the procedural opening to dispute settlement methods based on consensuality, in view of the agility provided by such means, as well as the greater probability of social satisfaction obtained from a kind of self-management of conflicts substantially supported by the primacy of the autonomy of the will.