Análise jurídica acerca do fenômeno da desjudicialização na resolução das lides de consumo

Abstract

The present research aims to analyze legally the phenomenon of the “not judicialization”, and its incidence in the resolution of the consumption dispute. Using as approach method the Hypothetical-deductive and as procedure method the historical-evolutional and the comparative, it’s realized that this phenomenon appeared nearly XX century, when appeared the first signals of dissatisfaction with the Judiciary Power, who stayed overloaded with the excessive number of processes, product of the judicialization of socials relations, in which the various facts of modern everyday are submitted to the riddle of the power referred. In this context, processing delays has intensified, and along with the high costs, has damaged the fundamental right of the citizens of reasonable process duration. It’s also ascertain, that the achievement of the “not judicialization” happens through the use of alternative methods of conflict resolution as the reconciliation, the mediation, the arbitration, among others, whose more simple procedure is what makes swift compared to legal process. In addition, to the mentioned research it was used as research technique the direct and indirect documentation, that demonstrates the applicability of the institute now studied, taking as basis the analysis of the conciliation method under the administrative organs, as the Municipal PROCON of João Pessoa and the Conciliation and Mediation Center created by agreement between the Justice Court of Paraiba and the Legal and Socials Science Center from Federal University of Campina Grande. That one was chosen by having available, including virtually, a Consumer Complaint Register in 2013, which also register the number of agreements reached of court. In the end, it’s concludes that the incidence of the “not judicialization” in the resolution of consumption conflicts it’s not only possible, as it brings advantages to the consumers, that by the conciliation in the administrative organs achieve a speedy outcome to the problems faced to suppliers, and that the composition of consumption conflicts in the administrative way does not remove or mitigate the rights acquired by the consumers.