A conciliação sobre a égide do Novo CPC

Abstract

The present work has as scope to approach the conciliation, as a way to reach the social pacification. With the increasingly increasing procedural demands, based on an adversarial legal culture, there is a stagnation of the Brazilian Judiciary in its jurisdictional provision. Thus, in view of the changes that Brazilian society has been undergoing, especially with the advent of the 1988 Constitution, a new behavior is required in the treatment of conflicts of interest, so that conciliation is a more agile method Effective way to resolve conflicts. In the present work, an analysis of the main methods of dispute resolution will be made. Then, the moment of crisis through which the Brazilian Justice passes will be approached. Subsequently, an analysis will be made of the main aspects of conciliation, as well as the principles that underpin it and the role of the conciliator. Finally, an analysis will be made of the main changes proposed by the NCPC on the conciliation institute, which established a new rite to the common procedure, aiming at a more appropriate treatment of the demands. With this approach, it will be demonstrated the main changes and criticisms about this institute with the advent of the new Brazilian Code of Civil Procedure.