Métodos consensuais de solução de conflitos no judiciário : substitutivo precário das garantias constitucionais

Abstract

The study accomplished and presented in this Dissertation was concerned to learn from the validity of Resolution no125/2010 of the National Council of Justice and the entry into force of the new Civil Procedure Code, a process that shows a great paradox: the institute the conflict resolutuion methods, wrapped in theoretical and political references and techniques of a dialogue culture and social peace, confronts the constitutional frameworks of access and guarantee of rights. A culture in which the conflict must, even before to become a lawsuit, be resolved through dialogue, and assuming so, the Peace is established. In this context is located the object of study that is concerned, then, the role that the methods of conflict resolution in the Brazilian Judiciary are having the guarantee of rights. After all, the reason and how these methods in the Judicial potentiate the precariousness of constitutional guarantees, constituting a palliative for access to rights. Thus, questioned the object, set the objective of analyzing the conflict resolution methods as poor substitute for the constitutional guarantees, particularly the judiciary Mato-grossense experience. Qualitative research uses documentary sources, statistical basis and application questionnaire with subjects, parties in mediation hearings and / or conciliation, in the years 2015 and 2016. We got concluded results that just as, there are paradox in the role of Judge-state, that are contradictions that reveal the methods represent mechanisms that cover the roots of the situation that lead the subject to the courts, resulting in poor substitute of constitutional guarantees.