Avaliação qualitativa da conciliação e da mediação enquanto ferramentas autocompositivas da politica pública de acesso à justiça, no âmbito do poder judiciário brasileiro : uma visão para além do relatório justiça em números.

Abstract

The present study, developed as a thesis in the Postgraduate Program in Stricto Sensu Law –Doctorate in Law–, Concentration Area in Social Rights and Public Policies, Research Line Instrumental Dimensions of Public Policies, University of Santa Cruz do Sul (UNISC ), and guided by postdoctoral professor Fabiana Marion Spengler, has as its theme the confrontation of the current format of the evaluation system proposed by the National Council of Justice (CNJ) for mediation and conciliation, in its perspective of acting as a public policy of access to justice within the scope of the Brazilian Judiciary. To this end, the analysis continues in search of the real effects generated by the system used to measure the contributions and obstacles that are occurring in the practice of its actions. Therefore, the problem faced in the development of the research lies in the fact that paragraph 16 of Article 37 of CF/88 determines that public administration bodies carry out evaluations of the results achieved. However, regarding the conciliation and mediation instruments that make up the list of actions in favor of public policy on access to justice, the question arises: What evaluation strategies have been used to assess the results and impact of self-composing public policies on access to justice? justice (conciliation and mediation) within the scope of the Brazilian Judiciary in the period from 2015 to 2023 and what changes could be proposed in the evaluation mechanisms aiming to adapt these public policies as well as the creation of others, proven necessary, based on the evaluation carried out? Therefore, the hypothesis that will seek to be confirmed, or not, is based on the assumption that such public policies on access to justice (mediation and conciliation) developed with the Brazilian Judiciary are not evaluated in a qualified manner, since they lack mechanisms of qualitative measurement of its results. To this end, it is understood that through the deductive approach method, using historical, comparative and bibliographic research methods, it will be possible to establish a way of working capable of ascertaining the current situation of the public access policy evaluation system to justice that takes into account mechanisms for the appropriate treatment of conflicts and judicial administrative management actions with the intention of subsidizing possible contributions that influence the planning of access to a fair legal order. In the end, it was concluded that the current evaluation scenario is not capable of generating critical analyzes – positive or negative – that can question the actions in a well-founded way, and with the materials currently available it is only possible to make a shallow reading of the levels of quality employees compared to previous years, making it impossible to delve into the reasons for not achieving the objectives set. Therefore, it is argued that the National Council of Justice can improve the system for evaluating judicial policies with the creation of a specific item in the courts' budgets, the significant expansion of the number of mediators and conciliators, the substantial increase in external control in evaluations, providing greater representation to the Brazilian Bar Association and the Academy of Law, and, ultimately, the creation of a specific research segment, aimed at self-composition.