A terceira onda processual renovatória como instrumento de efetivação da prestação jurisdicional nos juizados especiais cíveis.

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.