A SOLUÇÃO DE CONFLITOS NA PERSPECTIVA DO SISTEMA MULTIPORTAS E SUA RELEVÂNCIA NA EFETIVAÇÃO DO ACESSO À JUSTIÇA
DOI:
https://doi.org/10.5752/P.2318-7999.2021v24n48p271-297Keywords:
Direito fundamental, Acesso à justiça, Sistema multiportas, Solução de conflitosAbstract
The Judiciary is going through a delicate time. The level of slowness and litigiousness are factors that reflect negatively on the quality of the judicial performance, causing a feeling of disbelief and frustration in society. According to data from the National Justice Council (CNJ), currently there are more than 78 million cases awaiting a definitive solution. In 2018, more than 28 million new claims were filed. This problem stems from the lack of adequate information from the population, which mistakenly associates the definition of access to justice to the Judiciary, being the only "door" capable of resolving conflicts. In fact, the notion of access to justice is linked to access to the just legal order, which can be obtained through other equally effective means, depending on the nature of the dispute. This is what is known as the Multiport System. Here, disputes are handled according to the most appropriate consensual mechanism, recommending the use of the traditional model of justice (via adversarial) only as a last resort. From an applied, hypothetical-deductive research, with a qualitative approach, it is concluded that the Multiport System, based on the method of self-composition, is an instrument that is in line with the real sense of access to justice, providing the empowerment of litigants by placing them at the center of the dispute and granting them autonomy to find a decision that is mutually accepted.
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