GONÇALVES, M. F. O.; http://lattes.cnpq.br/9009964165060306; GONÇALVES, Maria de Fátima de Oliveira.
Abstract:
It known that living in human society in many cases generate conflicts of
interest. To do so, as a consequence arising out of the major transformations
experienced by modern society in their social relations, the outcome is within
the law. Once the state in seeking to achieve its main objective, which is the
common good of all, he divided his sovereign power in legislative, executive
and judiciary. Where the latter is the function scope of settlement of disputes in
specific cases, and to declare and implement the law. Then in the content
hordieno legal scenario, the Special Civil Courts emerges as an alternative
means of conflict resolution and expanding access to justice, because it seeks
greater speed and effectiveness in the settlement of disputes. Allowing thus the
socialization process, through its low cost and simple procedure. Therefore, this
work has as main objective to understand the third renewal wave as
instruments for effective adjudication of the Special Civil Courts. Since it is
proposed that the renewal wave, designed to increase access to justice reforms
in the legal-procedural force, through the establishment of procedures less
formal, as is the case in Small Claims Courts. However, found that to achieve
the instrumentality of the process and consequently the full access to justice, it
is necessary in addition to legislative reform, the organization of enforcement,
reduction of procedural costs and respecting the principles of informants
process. To accomplish this work recourse to the literature, the legal-exegetical
method and the inductive, systematizing the study into three chapters. In the
first approach will be the trilogy of procedure, namely, the elements of action,
the jurisdiction of the case. Dissecting, its concepts, their main characteristics
and peculiar features, as well as its principles informants. In the second chapter
enjoy themselves to the waves renewals, mechanisms of access to justice.
Also, treat yourself to the waves renewals procedural motions renovators true
access to justice in its various aspects, identifying its objectives and main
features. Appreciating the alternative means of dispute settlement and access
to justice, with a detailed analysis of each instrument, that is, the institutes of
arbitration, mediation and conciliation. In the third chapter, in turn, will be
treated the main focus of the work, which is the presence of the third wave
procedural renewals as instruments for effective adjudication of the Special Civil
Courts.