ADEQUATE CONFLICT SOLUTION MECHANISMS AS PUBLIC POLICIE FOR THE EFFECTIVENESS OF ACCESS TO JUSTICE

Abstract

The present work has the objective of investigating the public policies of Mediation and Conciliation as potential means for the right to access to justice to be effective. Access to justice, which is the object of this approach, is reflected in Article 5, XXXV of the CF/1988 and is a constitutional guarantee covering not only the judicial process, but also out-of-court procedures. In this sense, public policies must be adopted so that consensual mechanisms can be used and thus, the parties can empower and dialogue to solve their conflicts. In the approach of the article is used as a reference the Multiport System, in which there is use of the out-of-court procedures, in spite of the fact that some demands have the most appropriate judicial process. Thus, each controversy must be analyzed individually to identify its nature and which Mechanism is most suitable for its resolution. The Brazilian legislation recently approved the Consensus Methods, with emphasis on Law 13.140/15, the Code of Civil Procedure of 2015 and Resolution no. 125/2010 of the National Council of Justice. To do so, the method used in this research is the initial general contextualization, based on bibliographic research on the Consensual Mechanisms, mainly on Mediation and Conciliation, as well as on access to justice, which is understood as access to the fair order. In addition to the bibliographic reference, there was the contextualization in the normative referential positive. Later steps are analyzed the possibilities of using these conflict resolution Mechanisms and the means of their use.