A conciliação nos juizados especiais cíveis na comarca de Fortaleza: o caso da 10ª unidade do Juizado Especial Cível

Abstract

The primary objective of this study is to relate the reconciliation made by Juizados Especiais Cíveis (Law 9.099/95) from Fortaleza and realization of the principle of access to justice for local people. In the first chapter, it is emphasized that the conflicts between humans are a hallmark of every society, in various moments in history. However, the contemporary society coexists with a great growth and diversification of the conflict, challenging the State in its activity of social pacification. In order to overcome this new reality and make its activities efficiently peacemaker, the state has invested in alternative means of conflict resolution, among which the reconciliation. After dealing with conflicts in today's society, the second chapter deals with the Juizados Especiais Cíveis in general, institute created to deal with conflicts of lesser complexity, giving prominence to the criteria guiding this institution: oral communication, simplicity, informality, procedural efficiency and speed (art. 2, the Law 9.099/95), to finally deal with conciliation in the third chapter. The institute in question has been responsible for resolving various conflicts, causing them to be solved efficiently, respecting the principle of razoável duração do processo (item LXXVIII, of art. 5, of the Federal Constitution of Brazil). Despite some negative aspects, conciliation held in Juizados Especiais Cíveis is an institute that has given positive results in the activity of social pacification held in our capital, so statistically proven.