Morosidade judicial e mediação: uma análise sobre a efetividade do princípio da razoável duração do processo dentro do atual cenário do judiciário brasileiro

Abstract

This study aims to analyze the current Brazilian scenario in which the Judiciary is located, especially when verifying possible crisis under the focus of time used to achieve justice access. In order to make this study possible, a bibliographical and documentary research was carried out, discussing its evolution, with the so-called explosion of litigiousness, as well as the analysis of possible causes that contributed to its consecration and the losses brought with judicial delinquency. Within this scenario, we seek to analyze the principle of reasonable length of the processes and their effectiveness in the Brazilian judiciary. In addition, when verifying that the methods of dealing with conflicts do not subsist in the jurisdiction, mediation will be studied between its concept, evolution, principles and, above all, its capacity to provide the maximum effectiveness of the principle of the reasonable duration of the process. For this, it needs the comparative analysis between the jurisdiction and the mediation, the latter verified by the research conducted in conjunction with the Conflict Mediation Coordination related to the Citizen Security Secretariat of the city of Fortaleza, Ceará.