Meios alternativos de solução de conflitos: centrais de conciliação do Tribunal Regional Federal da 3ª Região

Abstract

The traditional way of resolving controversies, through the Judiciary, currently demands, for the purpose of effectuation of fundamental rights within a reasonable period of time, the dissemination and encouragement of the culture of settling conflicts through the use of the socalled alternative methods of dispute resolution. The increase in the judicialization of disputes, followed by the overloading of the Judicial System, introduced the search for the implementation of the access to Justice through other means short of litigation. Certainly, our legal system establishes forms of self-defense that, to some extent, contribute to the decrease in the number of law suits. Nonetheless, only in exceptional situations self-defense is considered licit. As a result, going to Court is still often required. Therefore, the so-called alternative forms of dispute resolution, even in causes that involve public entities - negotiation, mediation, conciliation, among others – become apparent as viable options to fulfill the social need for regular and swift means for settling controversies. In this context, the National Council of the Judicial System, by editing the Regulation nº 125/2010, consolidates the National Judicial Policy of solving conflicts, in order to ensure to every citizen the right to solve his conflict by appropriate means, specifically conceived according to its nature and its particularities”. This strategy is supported by three different pillars: procedural dispute resolution, pre-procedural dispute resolution and citizenship. It is precisely the extent of these three pillars, introduced by the Federal Court of the Third Region, that this essay intends to analyze