A mediação como instrumento de garantia ao amplo acesso à justiça

Abstract

This dissertation aims to analyze mediation as an instrument to guarantee broad access to justice, considering its role in conflict resolution and its relationship with the Judiciary. To this end, the study begins with the evolution of the judicial process in Brazil, contextualizing the fundamental right of access to justice and the guarantee of the inalienability of state jurisdiction. In a scenario of increasing overload of the judicial system, it becomes essential to discuss alternative ways of approaching conflicts, highlighting mediation as an efficient and rapid means for social pacification. Mediation, as a self-composition method, seeks to provide the parties involved with the opportunity to dialogue and find consensual solutions, avoiding, whenever possible, the need for judicial intervention. In this sense, in Brazil, this instrument was strengthened with the enactment of the Mediation Law (Law No. 13,140/2015), the publication of Resolution 125 of the CNJ and the incorporation of self-composition mechanisms in the Code of Civil Procedure of 2015. However, despite the favorable regulatory framework and institutional efforts to promote its use, empirical data provided by the National Council of Justice (CNJ) and by sampling by the Court of Justice of São Paulo (TJSP) indicate that this instrument is not yet widely adopted. The research therefore examines the interfaces between mediation and the Judiciary, demonstrating that structural and cultural aspects influence its adoption, such as resistance from legal professionals, the need for training and fair remuneration of mediators, and the lack of information in society about the benefits and effectiveness of the practice. In parallel, an economic analysis of mediation is carried out, highlighting its potential to reduce procedural costs and increase efficiency in dispute resolution, promoting a more agile and less costly judicial system. It is concluded that, although it represents a valuable tool for expanding access to justice and reducing the slowness of the Judiciary, mediation still faces significant challenges to its effective consolidation as a viable and effective alternative means of conflict resolution in Brazil. Finally, bibliographic and documentary methodology were used, in addition to the hypotheticaldeductive method