ANÁLISE DA MEDIAÇÃO E CONCILIAÇÃO DE CONFLITOS PARA A EFETIVAÇÃO DO ACESSO À JUSTIÇA: UM ESTUDO NOS CENTROS JUDICIÁRIOS DE SOLUÇÃO DE CONFLITOS E CIDADANIA – CEJUSCS EM IMPERATRIZ (MA)

Abstract

This study analyzes how the Judicial Center for Conflict Resolution and Citizenship (CEJUSCS), instituted by the National Judicial Policy for the Treatment of Conflicts of Interest of the National Council of Justice (CNJ), has contributed to the effective access to justice, from the point of view of mediators / conciliators, parties to conflicts and lawyers. The problem of this research is to ask if the mediation and conciliation of conflicts have contributed to the effective access to Justice in the CEJUSCS of Imperatriz (MA). Thus, the study uses bibliographic research to contextualize understanding about conflict and the Appropriate Methods of Conflict Resolution (ADM), presenting mediation and conciliation as public policies for access to justice and its use by the Judiciary through CEJUSCS. The work presents the CEJUSCS as units of self-composition in the Brazilian Judicial System, with the purpose of knowing the structure, organization, functioning and implementation of the Centers, as well as the training of mediators / conciliators to act in the Centers. It also presents the results obtained in agreements made in the CEJUSCS of Imperatriz (MA), based on documentary research. It ends with an analysis of the statements of the mediators / conciliators, parties to the conflict and lawyers, based on semi-structured interviews carried out in the CEJUSCS of Imperatriz (MA). The work uses a qualitative research, that is, search through bibliographic research, documentary and semi-structured interviews, analyze the contribution of selfcomposition mechanisms for access to justice in the CEJUSCS of Imperatriz (MA). As a theoretical reference was used the teachings of Cappelletti and Garth and Kazuo Watanabe with regard to access to justice. This work contributed to the regional development, area of concentration of the professional master of the University Center Alves Faria (UNiALFA). And, in this sense, the research is in line with the research line in public policies and regional development, since from studies on the public policies of mediation and conciliation incorporated by the Judiciary Power, those adequate methods of conflict resolution in the effective access to justice in the Judicial Centers for Conflict Resolution and Citizenship (CEJUSCS) and for the construction of a culture of peace. Finally, the research, when presenting several criticisms regarding the training of mediators / conciliators, structure, functioning of the Centers, lack of remuneration of professionals, emphasized, from the interviewees' testimonies the importance and credibility in the CEJUSCS for the solution of conflict, access to justice and the implementation of a culture of peace, in addition to suggesting new alternatives for sustainable development, with regard to a socially just and equal society