O papel da Defensoria Pública na garantia dos direitos difusos e coletivos e a necessidade de utilização das Alternative Dispute Resolution (ADRS)

Abstract

The present study was initially aimed at understanding the access to justice in the last decades in the Brazilian Federative State, focusing on the social groups in need. Much has been said about access to justice, but few detail the skillful tools that can provide greater breadth of effectiveness to these minority rights from an economic and organizational point of view. In this sense, the present dissertation seeks to demonstrate that the use of adequate conflict resolution mechanisms and its practice with the Public Defender's Office in the collective sphere, has provided broad access to the needy population, as well as a reduction in the application of demands Together with the Judiciary. Throughout the present work, it will be verified how the Institution that provides integral and gratuitous legal assistance uses these methods as a way to avoid the excessive Judicialization of processes, in the collective scope, before the new dispositions brought by the New Code of Civil Procedure, Law N.11.448 of 2007, as well as the Legislation that disciplines alternative methods of conflict resolution. At the end, we sought to analyze practical examples used by Public Defender's Offices of the Union and the State of São Paulo, which demonstrated the need to use these techniques for access to justice is ample. This study is based on the deductive method of approach, and on documentary and bibliographic research techniques.