Conciliar é legal: o engajamento de juristas na construção institucional da desjudicialização

Abstract

The National Judicial Policy for the Adequate Treatment of Conflicts promoted the negotiated solution as the main means for resolving disputes and as a means of effective access to justice. In this sense, this study seeks to understand the contents and discourses around the formation and consolidation of conciliation and mediation as de-judicialization a conflict resolution in the context of the commission of jurists appointed in 2009 by the Senate to elaborate the Preliminary Draft of the New Code of Civil Procedure. Thus, the research starts from the sociological analysis of the ideal through consensus as a more viable way of solving the conflict and its socials representations. The analysis seeks to verify how the professional commission was formed and organized. At first, it was noticed that such commission represented subcategories of the legal universe, such as magistrates, lawyers, authors of legal works and university professors of graduate programs in law. The gathering of these subcategories took the lead in procedural reform and the ideal of mediation as the best solution to conflicts. Thus, the core of this study is the conciliation and categorization of the members of the commission of jurists and the speeches given at the first ordinary meeting and in the caravans, especially the reformist speech for effective access to justice.