A conciliação como política pública de acesso à justiça nos Juizados Especiais Cíveis do Estado do Ceará.

Abstract

The confrontation of the issues linked to the solution of conflicts within the judiciary, has imposed on the State the implementation of public policies aimed at ensuring the jurisdictional access to justice and face to the growing individual demand, faster resolution arise as conciliation. The main issue of this research focuses is whether conciliation held in special courts in the State of Ceará embodies in public policy of access to justice temporally appropriate, if compared to national figures organized in the report justice in numbers of the CNJ, being in perfect fit and inserted within the research line Public Policies of Social Inclusion of the Post-Graduate Program in Law (Master degree) of the University of Santa Cruz do Sul - UNISC. For this reason, it has as a general aim of verifying if the reconciliation as public policy of access to justice in special courts in the State of Ceará is adequate to time in the five-year period from 2012 to 2016, in compareson to national figures arranged in the Justice report on numbers of the CNJ. Specific objectives are: i) to present the concept of access to justice as a fundamental right; ii) check whether conciliation is judicial policy of social pacification and consequently if it is a promoter of access to justice for citizens, and iii) assess whether special civil court of the State of Ceará provides an access to appropriate justice to their jurisdictional by means of conciliation. for this purpose, the work was structurally divided into four chapters. The method of approach to confirm the hypothesis of the problem presented is the hypothetical-deductive method, while the methods of procedures will be descriptive and bibliographical, adopting as research techniques the bibliographic and direct documentation ones, with the use of the data provided by the Court of Ceará, gathering statistical data monthly for the period 2012-2016, from special civil courts in the capital and interior. It is observed that the jurisdictional activities developed in the Special Civil Courts of Ceará are characterized by a low resolution and a high rate of procedural congestion, contributing to further assure the slowness and effectiveness of access to justice. To understand the reasons that lead to this critical diagnosis of delay in a court, whose design was to provide the conflict resolution a simplified process with reasonable duration of time, has been making difficult the full access to justice by jurisdictional.