Políticas legislativas de desjudicialização: o papel do legislador na consolidação do sistema de justiça multiportas brasileiro

Abstract

This paper aims to investigate the role of legislative policies on extrajudicial resolution in realizing the fundamental right of access to justice within the context of the Brazilian multi-door courthouse system. It defines the concept of access to justice in its modern sense, particularly within the context of the third wave of reform of the Florence Project, led by Mauro Cappelletti and Bryant Garth, and within the framework of Frank Sander's theory of multi-door courthouses. The paper then presents the contours through which it concludes that the Judiciary is currently facing a crisis in resolving conflicts addressed to it. Starting from the definition that access to justice as currently conceived is achieved through the peaceful resolution of disputes, also through the adoption of alternative dispute resolution methods in conjunction with recourse to the Judiciary, the contours of extrajudicial resolution in Brazil are presented. The concept of dejudicialization is presented as a consequence of the constitutional mandate that imposes the peaceful resolution of conflicts, in addition to being included in the guidelines of the UN's 2030 Agenda. Dejudicialization is a way of realizing the right of access to justice, and its practical application depends on the leading role of the Legislative Branch in assuming its constitutional role in seeking action in favor of implementing legislative measures for dejudicialization