O acesso à justiça nos conflitos de direito imobiliário : o papel da mediação e da conciliação nas serventias extrajudiciais.

Abstract

The main objective of this monographic work is to understand the use of mediation and conciliation in Notary Public Offices, seeking to understand how these self-composing instruments for resolving conflicts can reflect positively in terms of expanding access to justice in Brazil, especially in the application of this method in the context of Real Estate Law. To this end, the problem that drives this research asks: can the use of mediation and conciliation, after the permissiveness of its application in extrajudicial services, be considered an alternative in the treatment of conflicts involving Real Estate Law? As for the methodology used, it is the deductive approach method, and the bibliographic research technique, as it is based on doctrine, theses and legislation. Thespecific objectives of this monograph are three: initially, to understand the aspects that characterize access to justice, discussing introductory notions for a better understanding of self-compositional and heterocompositional methods of resolving conflicts. Furthermore, analyze the main aspects of Real Estate Law, based on the elements of Law that characterize it, such as possession and property, Obligatory Law and Contractual Law. Investigating, in the end, in which context these niches of Lawcan be applied with regard to Mediation and Real Estate Conciliation. Finally, the conclusion points out that the use of mediation and conciliation in the context of Notary Publics in relation to Real Estate Law, appears to be a promising method for resolving conflicts in this area, facilitating access to justice and providing of public policies.