Métodos não convencionais de resolução de conflitos: perspectivas para uma justiça brasileira mais eficiente

Abstract

The Brazilian Judiciary can‘t fulfilment its function effectively. A lot of are the causes that bring this problem. Analyze them, constitute the objective of this work, as well as to offer solutions to amend the efficiency of Justice. Is one of the factors that add to with improving the efficiency of Justice, the use of alternatives methods of conflicts resolution. Identify them and determine which are applicable to the Brazilian judicial system, as well as its possible consequences, means to have parameters to discover the prospects of that legacy for Justice to be more efficient. To this end its studies themes of the crisis of the Judiciary, such as themes of the access to Justice and juridical pluralism. The approach is taken, primarily, by the deductive method. Already the methods: statistical and comparative makes the analysis for the study of indirect search. The theoretical basis the use of alternatives methods of conflict resolution focuses on waves theory, that is on book "Access to Justice" of Mario Cappelletti and Bryant Garth. About the prospects for a more efficient Justice, works is from studies of José Renato Nalini. The main results of the research add to for the possibility of increase use of the alternatives methods of conflict resolution, and its concludes that there is hope for a efficient justice and that is best of the population, beyond to ensure rights of the Constitution, as the reasonable duration of the process, and of to give relevance for the principle, of the maximum effectiveness of the fundamentals rights.