MEDIATION AND CONCILIATION: THE OPTIONALITY OF THE PRESENCE OF THE LAWYER OR PUBLIC DEFENDER AT CEJUSC SESSIONS

Abstract

The scientific article addresses conflict resolution through conciliation and mediation, highlighting their differences and importance. The objective is to discuss the optional presence of lawyers and public defenders in the sessions of the Judicial Centers for Conflict Resolution and Citizenship (CEJUSCs) in light of the decision of the Federal Supreme Court (STF). The method used involved the analysis of legal and harmful standards. The results demonstrate that the presence of these professionals is essential to guarantee balance in the legal process and protect the rights of the parties, and that despite the STF decision that maintained the optional presence of lawyers in CEJUSCs. It is concluded that adequate representation is essential for improving negotiations and protecting substantial justice.