A mediação extrajudicial como forma de garantir o acesso à justiça, solução frente à crise do judiciário e os espaços de sua aplicação

Abstract

Through the problem of in which spaces of application extrajudicial mediation can be used to guarantee access to justice and resolve conflicts, the objective, through this monographic research, is to analyze extrajudicial mediation as a tool to guarantee access to justice, resolving conflicts and the areas of application, in addition to the judicial sphere, given the crisis experienced by the Brazilian Judiciary. Man is a social being, therefore, conflict is something inherent to his nature, since it comes from human interactions, it has always existed and will always exist. In this sense, the means of dealing with conflicts has been presented as a present and important possibility in the legal environment. Through a historical analysis of the treatment of conflicts, it is possible to verify that the outsourcing of the resolution of conflicts to the State-Judge, in many cases seen as the only way out, culminated in the overload of the Judiciary, causing the delay and dissatisfaction of the jurisdictional ones. Although the insertion of conciliation and mediation hearings at the beginning of the processes resulted in great advances, it is undeniable that, in this context of crisis, experienced by the Judiciary, other alternatives have emerged. Extrajudicial mediation as an alternative to non-judicialization can bring gains not only by unburdening the judicial path, but also by providing access to justice and in many of the spaces in which it finds an area of application, there are already very successful practical precedents and also legal apparatus. The method used was the inductive, analytical descriptive, through the technique of bibliographical research.