A democratização do acesso à justiça e novas mediações: Tratamento de conflitos sociais da comarca de Santo Ângelo/RS

Abstract

This thesis aims the access to justice as a deepening of the social question through the mechanisms of new forms of conflict treatment, as resources available to the population without entering the structure of the judiciary. The mechanism used for this was mediation with the purpose of facilitating to the actors the solution of those involved in the conflict in a satisfactory and fast way. The social issue refers to access to justice as a fundamental right and that may still be obstructed as such for the condition of citizenship for the most needy population. In this sense, it is search to analyze if the mediation has the capacity to demonstrate a methodology with positive results in the treatments of the rubbing points through the dialogue for the consensus between those involved. However, mediation hearings were conducted at the CEJUSCc - Judicial Center of Conflict Resolution and Citizenship of the judicial district of Santo Angelo / RS from 2013 to 2015. The qualitative research involved the use of data, texts, documents, processes and agreements as well as observation and interpretation through interviews with the actors who use the procedure in the judicial district of Santo Angelo / RS. We analyzed 20 cases with successful and unsuccessful procedures. The work was divided into 05 chapters. The first chapter deals with the democratization of access to justice, the second chapter, alternative means of justice in Brazil, the third chapter social conflicts, mediation, deliberation and agreements, in the fourth chapter the conduct of processes and perspectives of innovation and finally, sessions of judicial mediation in the Judicial district of Santo Ângelo / RS in the last chapter. In view of this, it is verified that mediation is the way for the actors in the access to justice, but for that to happen it is necessary a reeducation for the population to scientify them of their rights for the search of social peace and citizenship.