Mecanismos de resolução alternativa de conflitos como ferramentas de auxílio para construção da política judiciária no Brasil

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

This thesis analyses the alternative dispute resolution methods present in Brazil and in Australia. Such alternative dispute resolution methods are considered a kind of tool used in order to optimize the efficiency of the justice, being a condition to build a society with social and environmental responsibility. The methods of mediation, extrajudicial labour commissions, arbitration, the projects of the judiciary branch, settlement weeks and all other types of alternatives dispute resolutions, in the case of Australia accepted by NADRAC National Policy Body for ADR are examined. The mediation is evaluated since its origin and compared with conciliation. The differences are pointed out in order to have a better comprehension of its definitions. Furthermore, the problems related to the enactment of the Brazilian law of mediation are analyzed. The extrajudicial commissions were created in order to solve disputes arising for labour relations. This method of alternative dispute resolution is evaluated in terms of efficiency. Besides that, an analysis of the legislative bill #498/03 is made in order to comprehend the reasons why some of the legislative representatives understand necessary the obligatory participation of lawyers in such procedures. In addition to that, the arbitration is also evaluated in order to identify the best opportunities to be adopted. In the case of arbitration, it is also consider the level of contribution that can be made to solve the problems arising from the crisis of the judiciary branch. Aside from that, each step of the project called "Conciliar é Legal" (something like conciliate is "nice and legal" a type of paronomasia) of the "Conselho Nacional de Justiça" (CNJ) is analyzed. In the chapter IV, is identified a relevant issue related to conciliation in Brazil, whereas the Federal Union is the party with highest number of cases filed before the courts; and, according to Brazilian law, the Federal Union can only settle a case in very specific situation. At last, the Australian alternative dispute resolution system is analyzed to verify its advancement in relation to countries such as United States, United Kingdom and Canada. After that, the Brazilian and Australian methods are compared in order to propose alterations to Brazilian Judiciary Policies.

ASSUNTO(S)

conciliation (civil procedure) law direito mediação resolução (direito civil) conciliação (processo civil) mediation resolution (civil law) direito - dissertações arbitragem (processo civil)

ACESSO AO ARTIGO

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