A mediação judicial como via alternativa ao processo: o retrocesso apresentado nos itens XXII e XXIII do Relatório elaborado pela Comissão de Estudos sobre o Novo Código de Processo Civil do TJ/ES em relação à Política Pública de Pacificação Social

Abstract

It seeks to demonstrate the implications of the recommendations of items XXII and XXIII issued by the Report of the Study Committee on the New Code of Civil Procedure on its impacts within the scope of the Judicial Branch of Capixaba. It aims to highlight how they present a profound setback against the Social Peace Policy that began to be delimited in 2010 by Resolution 125 of the National Council of Justice and was incorporated by the New Code of Civil Procedure. For this, there has been legislative research on the institutes that delimited the subject of mediation in recent years. In addition, there was data analysis for the confirmation and argumentative training about the crisis surrounding the Judiciary, focusing on the Common Court and the Court of Espirito Santo. Finally, the reality of the 1st CEJUSC of Vitoria, located in the Court of Justice / ES, known through field research, is presented as a way of portraying how the application of the New Code and Resolution nº 125 in the Espírito Santo area . Therefore, it will be verified the need to propagate the Conflict Peace Policy, in view of the possibility of complying with the necessary measures to impose it, since they were not imposed measures from one hour to the other.