Banca de DEFESA: ELANNE KARINNE DE OLIVEIRA CANUTO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : ELANNE KARINNE DE OLIVEIRA CANUTO
DATE: 08/08/2022
TIME: 15:00
LOCAL: Plataforma Google Meet
TITLE:

THE PROPOSAL FOR AMENDMENT TO THE CONSTITUTION No. 136/2019: IS THERE JUSTICE OUTSIDE THE COURTS?

KEY WORDS:

Extrajudicial mediation; autonomy of the will; access to justice; proposal for Constitutional Amendment No. 136/2019

PAGES: 108
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This research aims to analyze whether the current context of the Brazilian justice system and the public and judicial policies for the adequate treatment of conflicts of interest meet the conditions for the approval of a Proposed Amendment to the Constitution that conditions the exercise of the right of action to a preliminary stage of an attempt to resolve conflicts out of court without compromising the fundamental right to access justice. Specifically, it intends to discuss the programs proposed by the legislative microsystem of self-composition (Resolution of the National Council of Justice nº 125/2010, Law nº 13.140/2015 and Law nº 13.105/2015); to investigate the influence of a third party's interference in the decision-making process and its correlation with the fulfillment of the generated solution and satisfaction with the result through a bibliographic review of scientific material of interdisciplinary content and statistical data obtained from consultations with public banks. It is justified by the importance of analyzing the consequences of a possible approval of PEC nº 136/2019 on the right of access to justice. The research approaches the theme historically and comparatively, including the study of constitutional and infraconstitutional provisions. It analyzes the Proposed Amendment to the Constitution No. 136, of 2019 (PEC No. 136/2019) which aims to add item LXXIX to Art. 5 of the Federal Constitution, to insert the use of extrajudicial means of conflict resolution in the list of fundamental rights and whether its approval would be an advance or setback in the right of access to justice. It discusses the autonomy of the will and the freedom to decide in self-composition in the face of hetero composition, as well as its correlation with the content of human dignity. Finally, a case report of selfcomposition involving the Public Administration was carried out. In the investigation of the questions raised, we sought to answer whether the public and judicial policies of self-composition implemented in Brazil fulfill the right of access to justice; whether there are differences, in terms of the effectiveness of justice and delivery of the good of life, when conflicts are resolved by hetero-composition or by self-composition and if the public policy proposed by PEC nº 136/2019 proposes to be a kind of justice outside the courts . It is concluded that the approval of PEC nº 136/2019 does not compromise the right of access to justice, on the contrary, it expands the possibilities of achieving it, however, it requires precise definitions on the types of conflict and regulation in special legislation.

COMMITTEE MEMBERS:
Presidente - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Externo à Instituição - JOSÉ ALBENES BEZERRA JÚNIOR - UFERSA
Interno - ***.069.614-** - LEONARDO OLIVEIRA FREIRE - SESED