GONÇALVES, R. C.; http://lattes.cnpq.br/6313144390536374; GONÇALVES, Rafaely Calado.
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.