MEDIATION AND CONCILIATION AS INSTRUMENTS OF ACCESS TO JUSTICE AND ITS PERSPECTIVE FROM THE CIVIL PROCESS CODE: THE COUNTERPOINT BETWEEN THE CULTURE OF THE SENTENCE AND THE CULTURE OF THE CONSENSUS

Abstract

The growth of the institutional activity of the Judiciary and the implementation of a consensus culture makes this article addresses the promotion of consensual means of civil procedure based on Resolution nº 125/2010/CNJ and CPC/2015, discussing the necessary counterpoint between the culture of the sentence and the culture of consensus. It is also sought to determine if changes in procedure are instruments for implementing the fundamental right to Access to Justice, because the institutes of mediation and conciliation are not only solutions to the crisis of justice, but also means of restoring social peace.

Keywords

• access to justice
• law nº 13.105/2015
• mediation
• conciliation