Mediação como forma adequada de acesso à justiça

Abstract

In contemporary society, the Judiciary is urged to speak out on the most numerous and varied interests of civil society, with the exercise of jurisdiction aimed at various purposes, such as social, economic, political and legal. This Protagonism of the Judiciary shows the need for the legal system to make efforts in order to enable effective access to justice, in the face of the obstacles that arise in this process. Thus, this work sought to understand the obstacles that hinder the realization of this right, to the same extent that it considered mediation as a mechanism capable of guaranteeing access to justice in its multiple faces. For that, the study was elaborated using the inductive method, through bibliographic research. From the analysis carried out, it was possible to identify when mediation is suggested, within the studies carried out on the theme, as a means capable of providing a new approach to access to justice. Thus, it is understood that in addition to being a faster and more effective method of dealing with conflict, mediation contributes positively to producing just responses, as well as to effective social pacification, benefits that correspond to access to justice in its material conception. Furthermore, the results obtained with a research, demonstrate the need to change the conflict treatment paradigm, with the incentive to use mediation, aiming at a more satisfactory result of the demands.