Formas de resolução de conflitos e os juizados especiais cíveis estaduais

Abstract

Through the Philippines Ordinances was introduced in our juridical ordering the previous conciliation as an obligator way, to a posterior entry in a lawsuit, just dona exclusively by judges of peace. Abolished in the Republíc Period, by law, not to serve for particular interests and for freedom action, however, kept in many states of the federation, but in a nonbinding way. The conciliation retums to the juridical ordinance by the Council of Conciliation and Judgment, afterwards engaged to the labor law. In the Civil Procedural law its obligation was required in petitions of litigious marriage and food, in a first act of audience proposed by the law judge.The conciliation has stopped to be a preliminary formality (CPC 1939), to become an obligator in CPC of 1973, afterwards increased its offering anytime inclusive the second grade. The conciliation is the purpose of Special Judgeships, giving the parts the opportunity by themselves show the answer for solutions of their disagreements by intervention of their own lawyers, conciliators, laic judges and finally the magistrates. Those solution methods of disagreements are not only the use of conciliation and arbitration, but algo can be obtained by others such as: the mediation and the alternativa methods of resolution of the conflicts RAC, through several doors. Resulting from my own observation, this academician as a magistrate at Civil Special Judgeship of Curitiba, in face of a great number of demands which come to the judgment instruction are toa high, thinking the number of conciliation is low, they are not fifty par cent of the proposal conciliators disagreements, those ones are the reason of this theme was choosen by me. Before that, this work has the objective of showing new techniques of obtaining the conciliations, principally to the state Special Civil Judgeships, looking for the increasing of the number of conciliations and consequently the reduction of lhe number of process which are destinated to instruction and judgment, having the main purpose to estimulate the paris to get solutions of their litigious, re-establishing the social harmony peace. For the present conclusion of this study, it was used the national bibliography review and alien, through the deductive method