A mediação de conflitos no código de processo civil brasileiro como política pública de acesso à justiça.

Abstract

The Procedural Civil Code (CPC) in force enshrined the self-assessment methods for dealing with claims. From the study, it seeks to answer the following problem: does the mediation of conflicts provided for in the current Code of Civil Procedure constitute public policie that fosters access to justice in Brazil? Starting from a theoretical framework of conflict, the text brings some phenomena arising from interpersonal relations, as well as covering the specificities of mediation inserted in the CPC and the instrumental principles of the institute. As a general objective, we want to discuss current socio-juridical conflicts and the different forms of their treatment, investigating the Procedural Civil Code as a public policie of citizen's access to justice. Nonetheless, specific objectives include: a) delimiting the issue of socio-legal conflicts, as well as their main consequences in view of the growing social demand of the population for the protection of the Judiciary; b) describe different forms of conflict management from alternative/appropriate methods; and c) to analyze the mediation of conflicts under the aegis of the Procedural Civil Code in force, rather the character of this as an instrument for the realization of fundamental rights and, consequently, public policy of access to justice. In order to fulfill the proposed objectives, as type of bibliographic research. As a method, the hermeneutic was used, as will be the interpretation of base texts. The results obtained are able to conclude that the re-signification of justice and the exercise of fundamental rights requires a movement to use new tools that, together with the jurisdiction, can return to citizens the rationalization of the idea of democracy and access to justice, guaranteeing a process with an appropriate response. Moreover, it is possible to affirm that the Procedural Civil Code inaugurates, in the Brazilian procedural order, the concretization of the attempt to promote, from the mediation of conflicts, a pacifying culture and viabilizing the dialogue, how the population has the guarantee access to justice in its broadest meaning and scope.