A conciliação como meio adequado de resolução de conflitos no processo eleitoral

Abstract

This dissertation addresses the access to justice, showing that accessing justice is not restricted to merely offering the individual options of doors into a judicial system, with the main purpose of solving conflicts through an imperative decision rendered by an unbiased subject of the State. It demonstrates that the meaning of access to justice is wider, focusing on the search for justice by means of a structured system that provides individuals with other options for solving disputes by encouraging consensual and alternative solutions to the traditional proceeding, which balance relationships and collaborate, in a more efficient way, to social peacemaking through common understanding. It arguments that the dialogue between procedural law and election law should be intensified, by using the new instruments that modernized the proceedings in order to continuously improve the electoral process law, without prejudice to its own characteristics. This paper also claims that, among the institutes found in the civil procedure, conciliation is the means of resolving disputes that is systemically consistent with the electoral process. The conclusion is that the search for an agreement can be present in the electoral process practice, gathering characters that are antagonistic, but who can share common interests in favor of an efficient and fair electoral justice system.