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Alternative forms of conflict resolution: conciliation and mediation in the draft of Brazilian civil procedure code and in public politics of access to justice.

Grant number: 11/09141-0
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): August 01, 2011
Effective date (End): July 31, 2012
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal researcher:Nelson Nery Junior
Grantee:Estêvão Nascimento Orcini
Home Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

To follow the transformations that happen in the society the Law must constantly change. By that perspective, the draft of Civil procedure code that transact on the Senate should be given significance, despite the critics of some Legal sectors. This draft comes with great intention, trying to recover the respect that should exist in the Brazilian judiciary system, focusing mainly on the slowness problem and the non effectuation of concrete politics of access to justice, problems that currently demoralize the court. Among the proposals for renewal and innovation contained in the project, there is the valuation of quick and efficient alternative ways of resolution of the dispute, especially those that deal with increasing access to justice and social outcomes, with special emphasis to institutes of conciliation and mediation. In its temporal evolution, these institutes have achieved, even if slowly, more and more space and discussions. It is in this reform that will be improved in details and could be achieved exactly the goals and main principles of the Brazilian process. Still in favor of he reform, corroborate the good results obtained in experimental Conciliation Sectors already installed and tested on the Effective Boards throughout the territory, beyond the recognition that the way to a true legal certainty is a culture of peace, of conciliation, since only in this case, all the people will be able to serve from court and interfere directly in its decisions without chafe with the procedure delay, approaching, maybe, of what is called Justice.

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