O papel do advogado para a eficiência da justiça: uma análise da contenção da litigação judicial

Abstract

This is intended to raise the issues that have created an obstacle to the lawyer’s actions in order to avoid judicial litigation. The analysis begins by describing the position that the lawyer holds in accordance with the Constitution and the possible tools to face the matter of conflicts jurisdictionalization and therefore search for a more efficient justice, not only for the interest of its constituency, but also to satisfy the interests of society itself. The use of alternative dispute resolution means, when the controversy has already been installed, and acting as a hermeneutist to avoid litigation, are tools that should be handled by the lawyer either as a container or as a conflicts manager, always imbued with ethical behavior. The survey used the inductive method as well as bibliographic research.