THE CIVIL SPECIAL COURT REPETITIVE CLAIMS AND THE ACCESS TO JUSTICE: SOLUTION INSTRUMENTS
Repetitive claims. Access to Justice. Alternative means of dispute resolution. Civil Special Courts.
In the wake on the actual scenario with yearly rising individual repetitive claims, comes the need for rethinking the access to justice concretization with institutes capable of assuring the effective jurisdictional service. Therefore, the following study deals with the social context and the individual relationships profile constant changes to discuss the alternative means of dispute resolution. The analysis employs the deductive bias, with qualitative and normative research, having the statistics published by the Justice National Council’s Justice in Numbers Report as a reference and considering the state perfomance in the administrative sphere for the promotion of legal measures compliance and the necessary oversight to refrain those lawsuit cause. The research comprehends the crescent rise of the special court mass claims deals with consumer law and also the employment of alternative means of dispute resolution can stopping them from growing, since it gives the citizen autonomy for resolving its own litigations. At last, it concludes the implementation of the alternative means of dispute resolution in the extrajudicial and judicial spheres are modern instruments because they privilege an dialogue based on the communicative action, fostered by the active subjects of the litigious procedural relationship.