Conciliação no Brasil: uma análise sobre a eficácia de acordo com o último relatório do CNJ 2023.

Abstract

The main theme of this work is conciliation, one of the main extrajudicial methods of resolving conflicts, in terms of guaranteeing access to justice, analyzing its effectiveness today. As a general objective, it will be analyzed whether access to justice, a constitutional guarantee, has been achieved specifically through conciliation, an extrajudicial method, currently an effective instrument for resolving conflicts. Considering the objectives of the constitutional rights of access to justice, as well as its regulation inserted in the legal system. The research proposes to carry out a historical survey of extrajudicial methods: Conciliation, Negotiation, Mediation and Arbitration, emphasizing a more specific analysis of Conciliation, its historical context, concepts and classifications to understand what it represents, as well as evaluate conciliation currently, establishing connection with numbers at national levels through the National Council of Justice. To achieve these objectives, the deductive methodology is used, using the bibliographic and documentary research technique, characterized in terms of the general objective as descriptive and exploratory, with a qualitative approach, and through the following procedures: historical, comparative and analytical-descriptive . It is considered that the primary objective of the right to access to justice, as well as extrajudicial means, recognized by the Federal Constitution and other Brazilian legislation as a social right and it is concluded that conciliation, currently, has not been reaching satisfactory levels and effective measures designed to achieve full access to justice for all, however, they continue, in small steps, to advance with the vision, above all, of guaranteeing social peace.