Métodos alternativos de solução de conflitos: a conciliação como ferramenta de efetividade do acesso à justiça no 2º CEJUSC de São Luís-MA

Abstract

Brazilian law has undergone remarkable evolution, driven by the need to meet emerging social demands, leading to the promotion of alternative methods for resolving conflicts, to meet these new existing demands. In its beginnings, following the evolution of the State and society as a whole, the judicial system represented the main means of resolving disputes, however, its notorious slowness and high costs ended up prompting the search for more effective and accessible approaches. The 1988 Federal Constitution, together with subsequent legislation, not only encouraged the peaceful resolution of disputes, but also established special courts aimed at this purpose. However, the persistent "judgment culture" and the exponential increase in litigation led Brazil to implement Resolution Nº. 125/2010, which encouraged the use of methods such as mediation and conciliation. The advent of the 2015 Civil Procedure Code consolidated these practices, introducing conciliation as a mandatory step and encouraging prior agreements before litigation. This transformation represents a significant break with the traditional model of agreements, by redirecting the focus to the consensual resolution of conflicts. In this context, the present work aims to investigate the effectiveness of conciliation in the field of study, the 2nd Judicial Center for Consensual Conflict Resolution (CEJUSC) of São Luís, Maranhão, in the period from 2021 to 2023, based on data extracted from the portal TermoJuris of the Court of Justice and in the productivity reports of the 2nd CEJUSC. The methodology applied combines a detailed theoretical analysis with a qualitative-quantitative approach applied to the case study of the 2nd CEJUSC, anchored in empirical data provided by the TermoJuris portal (DATAJUD-CNJ) of the Court of Justice of Maranhão and in productivity reports. The results indicate that conciliation has been a vital instrument in mitigating the backlog of legal proceedings, promoting faster and more accessible justice, and standing out as a central element in the modernization of the Brazilian judicial system.