O sistema de resolução consensual de disputas à luz do acesso à justiça na contemporaneidade: da obrigatoriedade da tentativa prévia ao melhor aproveitamento dos métodos autocompositivos

Abstract

The present work proposes to present a new look at the mandatory previous self-settlement attempt. It begins from a doctrinal study of the new contours of jurisdiction, which consolidate consensual methods as legitimate paths for the safeguard of justice. Next, we analyze some jurisprudential and legislative movements that justify this new look, since they determine the indispensable adoption of self-compositional pre-procedural behaviors for the responsible exercise of the right of action, without prejudice to cases where the judicial route is unequivocally the most appropriate. The objective is to demonstrate that there is, in the current legal order, the duty to start the solution of a dispute for a non-infrontal path with the opening to the potential creation of agreement. For this, it is important to sign that there are several ways to enable out-of-court conflict resolution, that technological advances urge us to design systems that go far beyond traditional methods, and that the duty of reaching the most adequate solution falls on all parties involved. Finally, it uses the practical knowledge about negotiation and design of systems acquired in the professional experience in the program of individual extrajudicial indemnities created for the cases arising from the rupture of the dam of Brumadinho-MG to list the factors that contribute to the best use of out-of-court options available. There is a broad spectrum of extrajudicial performance for legal operators capable of ennobling conflict resolution spaces and allowing the constructive management of the justice system as a whole.