SELF-COMPOSITION METHODS: THE CULTURE OF LITIGATION AS AN OBSTACLE TO ITS EFFECTIVE APPLICABILITY IN THE BRAZILIAN LEGAL SYSTEM

Abstract

This article sought to analyze how the growing culture of litigation prevents the proper implementation of self-composition methods in procedural disputes, even with their proven effectiveness, addressing how the Judiciary and its members have viewed them, and how they reinvigorate this problem. The research uses a mixed approach presenting statistical data and surveys with a participatory purpose of both civilians and legal operators, in order to highlight the current stigma and lack of knowledge of the rules. Supported by legal and sociological foundations, it highlights the need to reconsider the perspective on how the Judiciary and the social environment have viewed self-composition and the motivations that contribute to its depreciation. The objective is to demonstrate that these methods not only stipulate the direct participation of the parties in the conflict, but can also be more effective than traditional litigation, contributing to the unblocking of the Judiciary and promoting procedural speed.