A designação da audiência de conciliação ou mediação de forma obrigatória no procedimento comum: reflexos no acesso à jurisdição e na garantia da razoável duração do procedimento

Abstract

This paper analyzes whether conciliation or mediation hearing expands access to justice and aligns with the principle of reasonable duration of proceedings. The study also aims to: (1) understand the main obstacles to accessing justice in Brazil; (2) examine alternative dispute resolution techniques and the challenges to their full implementation; (3) compare self-composition techniques implemented within judicial and extrajudicial settings; and (4) analyze statistical data from the Judiciary and Mediation Chambers. It turns out that with the promulgation of the 2015 Code of Civil Procedure, significant changes involving judicial self-composition were made, imposing mandatory prior self-composing hearing and antecedent to judicial protection, however, 9 years after the aforementioned changes, their effectiveness is questioned in view of an apparent worsening in the Judiciary's statistical data. To carry out this study, the methodologies adopted were hypothetical-deductive, documentary-theoretical, quantitative (statistical), and comparative methodologies, the research concludes that mandating self-composition has not yielded the anticipated results, demonstrating that legislative reform was misaligned with the existing judicial structure.