PITA, M. S.; http://lattes.cnpq.br/3204558664428951; PITA, Marciano de Sousa.
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.