Abstract

JAYME, Fernando Gonzaga  and  DUTRA, Victor Barbosa. DEJUDICIALIZATION AND PROCEDURALISM BASED ON THE NATURE OF CONFLICTS AND ACCORDING TO THE BRAZILIAN CONSTITUTION. Revista Internacional CONSINTER de Direito [online]. 2021, n.13, pp.341-356.  Epub Sep 08, 2022. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00013.16.

The objective of this paper is to show that Access to Justice is a broader concept than Access to the Judiciary. Apart from the movements for access to justice, it is the intention to prove that the Alternative Means of Dispute Resolution and the studies of Conflict Perspective are equally relevant, having in mind that they both defend a plurality of conflict processing institutions (state or not), based on the hypothesis that dejudicialization is an important way to strengthen institutions and promote economic and social development. Therefore, the deductive approach method was used in conjunction with the propositional-juridical method to demonstrate that the exhaustion of the state-owned model in solving conflicts shows that it is possible (and necessary) to develop the Proceduralism beyond the scope of the Judiciary, in order to institutionally expand forms of conflict resolution in civil society. From this, the concept of Proceduralism arises, interconnected with the due process and which is also suitable for the out-of-court ways of dispute resolution, in order to achieve adequate, effective and due process protection, so that pacification is carried out along the lines of constitutional guarantees, with constitutional procedurality also acting on the unjudicialized means of resolving conflicts.

Keywords : Dejudicialization; Access to justice; Alternative Dispute Resolution; Proceduralism; Due Process..

        · abstract in Portuguese     · text in English     · English ( pdf )