Métodos consensuais de resolução de conflitos e o acesso à justiça: a conciliação e a mediação

Abstract

This paper deals with the consensual methods of dispute resolution, more precisely mediation and conciliation, both in-court and out-of-court, and its relation with the constitutional guarantee of access to justice. The main objective is to demonstrate how the lawsuits in progress increased with the validity of the Federal Constitution of 1988, and to give a brief overview of the current crisis of the Judiciary ‘management and its influence on the citizen’s difficulty to access justice. In the face of the crisis scenario, mediation and conciliation will be presented as forms of dispute resolution’s consensual methods, being shown how their implementation and application may influence the Courts. In order to base the content of this paper, there were analyzed the surveys made by the National Council of Justice (CNJ) concerning the lawsuits’ number in each state, the list of the courts that gave more agreements homologation, and in which procedural stages the conciliation is more common. Finally, the need to change the culture of litigation to the culture of consensus and its whole society’s role will be defended, so that the citizens' access to justice can be exercised quickly and effectively and, consequently, influence in a gradual reducing of the lawsuits’ number.