Mediation and conciliation as a tool to reduce the delay in the resolution of disputes: am analysis in the light of the principle of access to justice

uma análise à luz do princípio do acesso à justiça

Abstract

The article aims to analyze how mediation and conciliation can be effective mechanisms in guaranteeing access to justice on the face of slowness in resolving disputes. It is known that the problem of expanding and enforcing the right of access to justice to state mechanisms for the composition of conflicts is a reality that affects the majority of the population who are still within´ a framework of serious socioeconomic inequalities. The current moment is of judicial crisis, due to the exaggerated delay and the excessive amount of lawsuits, marking access to justice impossible, constitutionally guaranteed and registered bay the constituent among the list of fundamental rights. In view of that, what has been observed is a process that is moving towards a more inclusive scenario, especially for the poorest population, encouraging mediation and conciliation as the most affective, quick and viable means of accessing justice. However, the number of pending cases is still a morrying situation, which creates na obligation to take measures, such as the virtual hearing, as a way to relieve the judiciary.