Mediação extrajudicial como política pública de acesso à justiça conforme a Lei nº 13.140/2015.

Abstract

The present thesis has as its theme the extrajudicial mediation as a public policy of access to justice according to Law No. 13,140 of June 26, 2015, with the analysis delimitation of the procedure in the composition of conflicts in Brazil, after the validity of the mentioned Law. Considering the institution relevance, the guiding issue of the research is “How does extrajudicial mediation development take place and who have used it as a public policy of access to justice based on Law No. 13,140 / 2015 in the Brazilian legal scenario?” As a hypothesis for the issue, it is mentioned that extrajudicial mediation is developed in the community format, school and in extrajudicial services in Brazil, according to the provisions of article 42 of Law No. 13,140 / 2015 and it is used by the extrajudicial mediator. Therefore, the general objective was defined as verifying the way in which extrajudicial mediation has been developed as a public policy of access to justice in the resolution of conflicts, according to Law 13.140 / 2015, establishing its characteristics, differences and its practice in the Brazilian judicial level. In its specific objectives, the seek was to: a) understand the complexity of conflicts, as well as expose the jurisdictional function in the treatment of conflicts; b) present the institute of mediation as a public policy of access to justice; and c) analyze how and by whom extrajudicial mediation has been carried out in Brazil in the community format, school and extrajudicial services, based on the role of the extrajudicial mediator. Regarding its methodology, the thesis development was defined by the deductive approach method. The case study was applied as a procedure method; together with the research technique of indirect documentation. Thus, the research fits the line of Public Policies and is linked to the theme of public policies for social inclusion in the Postgraduate Law Program - Master and Doctorate, from the University of Santa Cruz do Sul. Justifying the content of the present thesis, the social relevance of extrajudicial mediation is verified when dealing with conflicts, since the insertion of this self-composing means seeks to promote social pacification, as well as the prevention and resolution of judicial litigation, improving access to justice. In addition, the study proves to be of great value, contributing to the Science of Law, since it is still not very well known and, consequently, has little scientific production. Finally, it is concluded that the results obtained during the research demonstrate a change in the society coexistence scenario, a new methodology in dealing with conflicts, as well as a transformation in the traditional model of access to justice, more democratic and peaceful, responding to the society's wishes.