O acesso à justiça e os meios alternativos composição dos conflitos.

Abstract

This monograph examining access to justice and alternative forms in the composition of conflicts among people. With the abandonment of the self-compositional forms of disputes solution, the strengthening of the state and the emergence of the human person guarantees, is the idea that only through the judicial function of the state conflicts could be resolved. Thus, access to the judiciary, taken by the Brazilian Federal Constitution as a fundamental right, should be fully guaranteed to all, should settle the conflicts in a more rapid and less costly as possible. However, the local Justice shows to be extremely bureaucratic, slow and high cost, constituting obstacles to access to justice for people economically fragile, making the role of the state-judge inefficient and ineffective. Accordingly, the emerging alternative means of resolving disputes, as new directions for followed voluntary basis, for those under the jurisdiction, that need resolving their disputes so often separate the templates contained in the traditional calendar. The objective is to show that the provision court, solely because not fully fulfill its function of social peace and the importance of creating alternative mechanisms for resolving conflicts, characterized by informality, speed and access active in the community, how important innovation of the judicial policy, to be, and optionally in parallel to the conventional justice, new ways of resolution of disputes, expanding and ensuring the access of marginalized people to a fair legal system. Through bibliographic research and analytical method-descriptive, conducts a theoretical approach and reflexive about the issue, to demonstrate the crisis of effectiveness of the judicial process and the importance of the implementation of means to provide the solution of conflict in ways most appropriate to the reality of certain controversy. It concludes that, given the reality presented in certain kinds of disputes, the traditional process at issue before the Judiciary does not seem to be the best way to claim of effective rights, and is seeking the solution of conflicts through alternative means, less traumatic way possible, always trying the parties composition to amicably based on the social reality that informs the existing pending.