Banca de QUALIFICAÇÃO: JOSIKLEIA MICHARLY DO NASCIMENTO SILVA BEZERRA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : JOSIKLEIA MICHARLY DO NASCIMENTO SILVA BEZERRA
DATE: 23/05/2023
TIME: 15:00
LOCAL: Ambiente virtual
TITLE:

INAUGURAL SELF-COMPOSITION WITHIN THE FIELD OF FEDERAL JUSTICE AS A GATEWAY TO JUSTICE

KEY WORDS:

Access to justice; Adequate Means of Conflict Resolution; self-composition; inaugural justice.

PAGES: 113
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The basic premise of this research is to bring an analytical approach about the self-composition inherent in the Adequate Means of Conflict Resolution, within the judiciary, especially within the Federal Court. To this end, we will address, a priori, the relevant concepts of Access to Justice and self-composition, with a special focus on some guiding principles that support the theme, under the aegis of the idea of consensus in Jünger Habermas. The pretension for such discussion arises from the problematic in face of the determination inscribed in the procedural legislation in force, which, in turn, establishes the promotion of social pacification through these means, at any stage of the process. Therefore, the following speculation arises: Can such an assertion favor an assumption that limits and/or conditions the guarantee of access to justice? Can the use of self-composition in an inaugural manner - before the lawsuit - in the Judiciary bring any impact or reflexes to the social order, despite the effectiveness and the guarantee of access to rights? In order to solve these questions, this research uses a methodology of applied nature, descriptive and exploratory purpose, as well as bibliographic, documental and legislative procedures, since it goes deep into the modus operandis currently instituted by Laws 13115/2015 and 131440/2015, as well as Resolution 125/2010. In addition, both the statistical data extracted from the CNJ itself and the interpretations of the theoretical contributions are studied and analyzed. All this with the purpose of proposing a form of divergent applicability from what is provided, contributing academically and socially to a better promotion of the idea of consensus in a Habermasian view, and, consequently, to social pacification. Thus, it can be concluded that, despite the long time of the legislations in force supporting the matter, the Adequate Means of Conflict Resolution still present themselves as weak, deserving, in fact, to investigate the obstacles that make their proposition unfeasible, since it is a tool that contributes not only to a better jurisdictional provision, but also to the accomplishment of the access to justice in its fundamental right maxim. Therefore, this research is justified by the need to strengthen the debate on the possibility of a more incisive application of the self-compositive methods, in order to pursue a more effective access to rights.

COMMITTEE MEMBERS:
Presidente - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Interno - ***.069.614-** - LEONARDO OLIVEIRA FREIRE - SESED
Interna - 1753603 - PATRICIA BORBA VILAR GUIMARAES