Mediação : uma técnica complementar à resolução de conflitos.

Abstract

In reason of large request of conflicts that are introduced into the judiciary system every day and the social relations that are increasingly flooding the judiciary system, became necessary apply a determination that has as scope decrease the quantity of judicial process, and has the capacity to restore the dialog and comprehension between people. With this premise, this paper has the objective to analyze and clarify the importance of mediação as alternative technique of access to justice and as public politic of conflict resolution. How main focus of this paper, it aims elucidates the effects of these technique in people whose participate of process of Mediação and its importance in a society who is consolidated in a litigious culture. Therefore, the problem of this research is to find an alternative technique to solve conflicts, showing in numbers the current congestion of the judicial power, that cause the impossibility to access the justice in an appropriate way, ensured constitutionally. The hermeneutic method will be used as approach of this research, the data collect occurs through the bibliographic research. The descriptive finality, bringing clarity across the actual theme,that cause a huge discussion between operators of the law. This research approaches the process of Mediação face to a necessity to clarify this public politic once the judicial power needs some alternatives to the treatment of conflicts and to do that this study isdivided in three chapters. The first approaches the historical if Mediação, bringing clarify the law numer 13.140/15, the conflicts and game theories, and some areas where is it possible to use this technique and the benefits that it brings. In the second, its evaluated the proceed of Mediação, talking about the principals of the technique, about the relations of judgement, duties of the mediator, as well their impossibility and suspects, furthermore, the inclusion of Mediação on the new Civil process code published in 2015. In the third chapter, are doing a quickly consideration about the judge power and their attributions, as well the fundamental right to judge access, that has been shown in the end of this chapter, with graphics and numbers that show the demand of the judicial power in 2013 and 2014. The aim of this paper is verify the necessity and importance of a technique that is beginning, presenting as an alternative method to solve problem faced by the Brazilian justice.