Conciliação: um olhar crítico sobre o instituto em decorrência da sua obrigatoriedade no CPC/2015

Abstract

Noting the importance of alternative means of conflict resolution in the present days, this work sought to study the conciliation institute, since CPC/2015 made it obligatory, from the point of view of the reasonable duration of the process. Conciliation is a method of self-composition of conflicts, in which the parties are aided by an impartial third party, who helps them to dialogue in order to arrive at a satisfactory solution for both. The general objective of the study is to analyze the conciliation and to check if it contributes to hastening the jurisdictional provision, taking into consideration the reasonable length of the process. Throughout the work, associations have been established in order to enable a critical study on conciliation. The methodology was the deductive method using the qualitative approach. The bibliographical research was carried out in books, laws, magazines and periodicals, jurisprudences, monographs and essays. It first analyzed the purpose of conciliation, detailing its evolution in Brazil during the course of the chapter. Next, we discuss the innovation brought by the CPC /2015, which made the conciliation hearing obligatory, and its guiding principles. Lastly, the critical approach of the conciliatory institute in light of the reasonable duration of the process, and whether it has been corroborated by the jurisdictional provision. At the end of the investigation it is inferred that conciliation comes to help the judiciary to unblock its demand, but that alone does not change a whole culture of litigiousness, it needs the effort of the whole community so that there is social peace.