CONSENSUAL MODELS AS ALTERNATIVES FOR CONFLICT RESOLUTION IN THE BRAZILIAN LEGAL SYSTEM FROM THE PERSPECTIVE OF ACCESS TO JUSTICE

Abstract

This article is dedicated to investigating consensual models of solutions and conflicts as a possibility and alternative for managing and resolving social disputes. The research is based on the premise that the current legal system does not adequately respond to the needs of the parties, nor of the communities, making it imperative to develop new ideas and concepts so that effective access to justice is possible. The need to give ownership to the parties is taken into account in an attempt to resolve the dispute, seeking to restore broken relationships and repair the consequences caused by the damage. Based on bibliographical-documentary research, we seek to analyze the current legal system, the historical-cultural phenomena that permeate them and the conceptions, principles and practices of the institute under study, as well as verifying the feasibility of implementing restorative justice. and its effectiveness. The results achieved demonstrate the increasing use of consensual methods, demonstrating greater satisfaction among the parties involved in the procedure. It is concluded that new forms of conflict resolution are emerging and that the restorative model can be a viable and effective alternative for this.