A New Approach of the Mediation Institute in Colective Pension Lawsuits

Abstract

In the current context of crisis arising the jurisdiction of procedural burdens plaguing the Brazilian judiciary system, alternative mechanisms of conflict resolution, notably conciliation, mediation and arbitration, are presented, by the agencies that administer justice, as the possibility of positively handling the crisis mentioned above. However, the use of these mechanisms within the Brazilian justice system reality should be handled with caution, according to the particularities of each specific Law area. The aim of this article is to demonstrate that, considering individual pension lawsuits, the use of mediation still has a rather narrow margin of efficiency, due to the objective and subjective contours of these kinds of deals as well as the injunctions imposed by the factor of "procedural delay". In the collective and preventive level, however, the use of the Mediation Institute can be very useful as a tool for structural conflict resolution.

Keywords

• Mediação, Processo previdenciário, Condicionantes objetivas, Condicionantes subjetivas, Demora processual