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The second stage of Brazilian judicial reform: the new law of mediation, arbitration and the new Civil Procedure Code

Grant number: 16/00600-6
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): March 01, 2016
Effective date (End): December 31, 2016
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal researcher:Georges Abboud
Grantee:Rafaella Salomão
Home Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

This research theme is the second stage of Brazilian judicial reform, which takes place through the recent legislative changes related to alternative means of conflict resolution and its effects on society. Will be analyzed the new Civil Procedure Code with respect to the subject, the Arbitration Act, the Mediation Law, and the potential of such changes to the law. Will be observed in the New Civil Procedure Code - Law No. 13,105, of March 16, 2015 - specifically, innovations regarding alternative means of conflict resolution: mediation, conciliation and arbitration. With respect to the Arbitration Law - Law No. 13129 of 26 May 2015 amending Law No. 9,307, of September 23, 1996 - will be addressed their main changes and consequences generated by law. In addressing the Mediation Law - Law No. 13,140 of June 26, 2015 - the provisions will be analyzed the provisions of the new law and its importance in the Brazilian context. The study will be done through analysis of the legislation and the relevant scientific literature. Finally, from the data collected will be made a joint analysis to support the hypothesis that the modernization of alternative means of conflict resolution will represent in the near future a substantial improvement of access to justice in Brazil. The search will be through the deductive method of approach and bibliographic procedure. Because they are recent changes it is essential to observe the applicability of the second stage of Brazilian judicial reform before the law. It is hoped that this study contribute to the further development regarding the alternative means of dispute resolution in Brazil.

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