A audiência preliminar de conciliação e mediação sob a ótica do artigo 334 do Código de Processo Civil

Abstract

The study in question deals with the conditions for access to justice and the economic, organizational and procedural obstacles from the perception of the mechanisms that seek to resolve the difficulties and slowness of the Brazilian judicial system. In addition, due to the perception of the National Judicial Policy regarding the adequate treatment of conflicts of interest, the analysis of some relevant points in Resolution No. 125/10 of the National Council of Justice, such as the creation of the Cejusc - Judicial Centers for Conflict Resolution for assist the preliminary preliminary hearing hearings. Thus, the performance of the conciliators and mediators who are guided by the principles of the function conduct the hearings in order to respect the limitations of each procedure. For this reason, the difference between the two self-compositional methods is presented, punctuating means of diagnosing in the concrete case which option is most adequate to meet the parties' wishes. With the analysis of law 13.140 / 15 which presents the main characteristics of mediation and how it should be performed. Finally, the study on the mandatory audience of art. 334 of the CPC, comparing with the resolution of the Court of Espirito Santo that allowed the judges to waive the sessions autocompositivas.