SPECIAL CIVIL COURT: THE EFFECTIVENESS OF CONCILIATION

Abstract

The purpose of this article is to deal with a topic that is very much in vogue today in the doctrine, namely: access to justice, the culture of conflicts versus the culture of sentence and the restoration of social peace. It has the present objective of demonstrating some aspects of conciliation, showing that this autocompositional means is a technique that, being positive, decides the process quickly and efficiently. The conflict and the means and mechanisms to obtain self-composition will also be analyzed, as a way of imbuing society that the conflict cannot be won, but resolved. Therefore, the role of the conciliator in the search for the fairest solution to the conflict and in most cases, the achievement of social pacification. Finally, the tailor-made study shows conciliation as an alternative means of quickly and effectively resolving conflicts. Based on these premises, this article is oriented towards an analysis of the Special Civil Courts, provided for in Law no. 9,099/95. Its objective is the search for a positive view of the legal sector regarding self-composition as an effective method of conflict resolution, aiming at an equitable solution to each type of controversy in the face of the nature of the conflict, in order to sustain the responsibility of the Power Judiciary in conciliation.