MEDIATION IN THE POWER JUDICIARY BRAZILIAN: IMPLICAÇÕES E MUDANÇAS NA RESOLUÇÃO DOS CONFLITOS
Abstract
This article addresses the insertion of Judicial Mediation in the Judiciary, enshrined in the Code of Civil Procedure - Law No. 13,105 of 03/16/2015 and Mediation Law No. 13,140 of 06/26/2015. The general objective is to analyze the implications and changes in conflict resolution. The specific objectives are to describe possible gaps in the laws that may hinder, discourage or devalue judicial mediation; and understand how the practical application of mediation works. This study is justified given the importance of mediation as a form of public policy within the scope of the Brazilian Judiciary in the adequate resolution of conflicts. The methodology adopted was bibliographical research with qualitative data collection, thus articles 3; 165 to 175, 319, 334 to 340, 359, 565, 694 to 696, all of the Code of Civil Procedure (Law nº 13,105 of March 16, 2015) which deal with judicial mediation; and the Mediation Law 13,140 of June 26, 2015, as well as a demonstrative table was created with the gaps found in the aforementioned laws. The results demonstrated the existence of gaps in the aforementioned laws that could hinder the expansion of judicial mediation, therefore, it is important to deepen knowledge and debates on these rules to avoid the disuse of mediation and consequently improve them. Society needs to be informed of alternative conflict resolution procedures, information can change the ingrained culture of litigation. The issue of mediation in Brazil is current, of absolute importance in the search for a speedy and humanized Judiciary. There is also an urgent need to reflect on the mediation procedure and the environment in which mediation hearings are held, with the aim of promoting it with projects for its effective application, since the culture of litigation is not compatible with innovations experienced in recent years in the Brazilian Judiciary.
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