Access To Justice For The Profilatic Activity Of The Notary: Extrajudicial Mediation As An Alternative Means Of Conflict Solution

Abstract

The article discusses the fundamental right of access to justice and the necessary resignification of its content, in the face of an institutional crisis experienced by the Judiciary in Brazil. The collapse of the judicial system, which discredits the Judiciary and de-legitimizes it as a Power, gives rise to the urgent need to discuss alternative mechanisms for the settlement of disputes, which mitigate the excessive judicialization. Thus, the concept of access to justice must be interpreted in the light of national legal reality, with solutions that transcend the Judiciary, such as mediation and conciliation. In that sense, the development of extrajudicial mediation is, in addition, possible, desirable and will, to a large extent, allow a break with the “culture of sentencing” and the decongestion of the courts. The research is guided by the analytic-deductive method, with a focus on books, scientific articles and jurisprudence, in order to demonstrate that the preventive and mediating action of the notary can construct many dialogical solutions and prevent many judicial processes from beginning. It is, therefore, prophylaxis in the service of the chronic disease denominated ineffectiveness and judicial slowness.

Keywords

• Acesso à justiça
• meios alternativos de solução de conflitos
• mediação extrajudicial