O uso de métodos autocompositivos adequados à resolução de conflitos sucessórios: uma análise acerca da aplicação dos MASC’s no inventário e partilha extrajudiciais

Abstract

This present work presents as its central theme the analysis of appropriate methods of conflict resolution, as a measure of access to justice, in a way that can mitigate the exacerbated judicialization of conflicts. Initially, it aims to clarify the emergence of methods considered self-composition, which are mediation, conciliation and negotiation, as well as concepts such as multi-door justice courthouse and appropriate methods of conflict resolution. It pursues to analyze the application of adequate methods in cases where there is a family relationship, based on succession, where the inventory and sharing will be explored in its judicial modality, in a brief and introductory way, and in the extrajudicial modality, where they must be legal requirements presented herein are fulfilled, as the CNJ Resolution No. 125, CPC and the Mediation Law. Mediation in succession processes was considered approprite, since family conflicts have a kinship and/or affectivity relationship, where there are previous bonds shared by those involved in the conflict, as a way of speeding up the resolution of the inventory and sharing, concluding that the method might minimize the impacts of the judicialization of conflict.