A ineficiência da consensualidade aplicada ao processo na justiça estadual: um estudo de caso do Centro Judiciário de Soluções de Conflitos e Cidadania do Fórum Desembargador Jairon Maia Fernandes – Maceió/AL

Abstract

In contemporary times, considering the normative force of the constitutional text, the study of Civil Procedural Law — as well as other legal fields — should be conducted based on what is established as the Constitutional Model of Procedure, which encompasses the fundamental procedural guarantees established by the Federal Constitution of 1988. Reflecting on the development of this work, two constitutional procedural guarantees were outlined: access to justice and efficiency. The study examined whether the use of preliminary hearings for mediation and conciliation in the civil procedural context aligns with these guarantees. In this context, the research sought to investigate the application of the Multi-Door Court System in the Brazilian state judiciary, with the aim of understanding the norms provided in Articles 334 and 695 of the 2015 Code of Civil Procedure in light of the constitutional fundamentals of the procedure, the most recent civil procedural codification, and the relevant special legislation (Law No. 13,140/2015). The Multi-Door Court System, which aims to offer various pathways for conflict resolution, is central to this analysis. For this investigation, various research methods and techniques were used, including the dialogue between procedural efficiency and the application of consensual conflict resolution methods. The research involved critical analysis of doctrines, collection of statistical data, and examination of national data provided by the National Justice Council, as well as regional data from the last five years from the Permanent Center for Consensual Methods and Conflict Resolution, the Judicial Center for Conflict Resolution and Citizenship of the Court of Justice of the State of Alagoas. Additionally, the research employed conceptual techniques to define and delimit the concept of efficiency within civil procedural law and its understanding in other areas of law. The documentary research included an analysis of CNJ Resolution No. 125 of 2010, which addresses the National Judicial Policy for Adequate Conflict Resolution, and a grammatical interpretation of Article 3 of the 2015 Code of Civil Procedure, among other relevant legal norms.Finally, after the conceptual delimitation of efficiency and the study of the Constitutional Model of Procedure, it was possible to analyze empirical data regarding the application of consensuality in state justice. Coming to the conclusion that its inefficiency, considering that preliminary mediation and conciliation hearings, as well as other means of resolving conflicts, require legislative changes to adapt to their application and purpose, and are also encouraged in an extrajudicial context. The objective is to remove from the judicial process the exclusive responsibility for offering all the techniques of a multi-door system, promoting more accessible and efficient justice.