Centro Judiciário de Solução de Conflitos e Cidadania da Justiça Federal em João Pessoa: instrumento efetivo da política pública de acesso à justiça consensual?

Abstract

In the wake of the traditional conflict resolution policy, based on the imposition of the will of the law through the actions of a judge or court, the Judiciary is unable to provide a satisfactory response within a reasonable time to all cases submitted to it, leaving , therefore, to comply with the constitutional duty to provide effective judicial protection. For this reason, conciliation and mediation were elevated to special categories of conflict resolution by Resolution No. 125, of November 29, 2010, of the National Council of Justice (CNJ), and, later, by the Code of Civil Procedure, of March 16, 2015. These legal diplomas also included the creation of Judicial Centers for Conflict Resolution and Citizenship (Cejuscs) with the primary function of disseminating the culture of peace through the holding or management of conciliation and mediation sessions and hearings to role as conciliators and mediators, as well as providing assistance and guidance to citizens. It is in this context that this research aims to analyze the performance of the Judicial Center for Conflict Resolution and Citizenship of the Federal Court in João Pessoa as an instrument of public policy for access to justice from the perspective of resolving and preventing disputes. To achieve this objective, it was decided to carry out applied, exploratory-descriptive research, applying the deductive method, and using documentary, bibliographic and survey data (questionnaire) submitted to a qualitative approach. The analysis of the main data highlighted: a) the importance of the Pre-Procedural Complaint (RPP) in the treatment of non-procedural conflicts due to procedural simplicity, easy access, free of charge and its duration; b) that the results achieved by Cejusc with self-composition (agreements), both in the RPPs and in the legal proceedings sent to it by the federal courts, exceeded, in percentage terms, those achieved by these courts in the traditional contentious jurisdiction (heterocomposition) in the period from 2021 to 2023, in a clear demonstration of effectiveness; c) the role of citizenship actions in raising awareness among civil society regarding the importance of practicing consensual conflict resolution practices in all living spaces; d) and the largely positive perception that the conciliators and mediators participating in the research have regarding Cejusc's ability to mediate conflicts and be resolute. In the end, although some areas in need of improvement were identified, it was possible to safely conclude that Cejusc has been consolidating itself as an effective instrument of public policy of consensual justice, embracing both subjects involved in conflict situations (judicialized or not), as well as civil society that is affected by its citizen actions.