JUDICIAL CENTERS FOR CONFLICT RESOLUTION AND CITIZENSHIP (CEJUSCS) IN PERNAMBUCO: BENEFITS, DIFFICULTIES AND IMPACTS ON THE JUDICIAL SYSTEM

Abstract

Conflict resolution is a fundamental theme in any legal system, being essential to ensure the effectiveness of justice and promote social pacification. Traditionally, this right is exercised by the courts, through legal disputes, through formal and litigious processes (OLIVEIRA, 2014). In Brazil, access to justice became broader after the 1988 Constitution, which established that the law will not exclude from the consideration of the Judiciary any injury or threat to rights. As a rule, for this access it is necessary to use the right to sue, which is exercised by a lawyer, whose presence is a fundamental factor for the administration of justice to occur (BRASIL, 1988). Therefore, many citizens seek the Judiciary to solve their problems and conflicts, increasing the demand and the accumulation of cases, which causes delays in the resolution of cases (CASCARDO, 2016). From this perspective, the growing demand for the judicial system and the complexity of disputes have caused the Judiciary to be overloaded, resulting in procedural delays and compromising the effectiveness of the provision of jurisdiction (SILVA; COSTA, 2023). In this context, Law No. 13,140/2015 was enacted, which provides for appropriate methods of conflict resolution, regulating mediation and establishing guidelines for its application in the judicial and extrajudicial spheres, with the aim of providing fast, accessible and collaborative treatment of disputes (MAGALHÃES, 2019). Such methods, such as mediation, conciliation, arbitration and negotiation, give the parties the opportunity to resolve their disputes in a consensual manner, avoiding excessive judicialization and promoting social pacification (OLIVEIRA, 2024).

Thus, one of the strategies implemented by the Judiciary to promote and disseminate mediation and conciliation was the creation of the Judicial Centers for Conflict Resolution and Citizenship (CEJUSCs), institutions focused on resolving disputes in a conciliatory manner (SILVA; COSTA, 2023). Linked to the courts of justice, these centers have the main purpose of facilitating the consensual resolution of controversies, providing an environment conducive to the parties involved seeking agreements in a quick and less costly manner, compared to the procedures of conventional judicial processes, which contributes to the efficiency and debureaucratization of the justice system (OLIVEIRA, 2024).

Through a neutral and adequate environment, litigants can resolve their conflicts with the help of duly trained mediators and conciliators (OLIVEIRA, 2024). Furthermore, CEJUSCs play a fundamental role in guiding and assisting citizens, promoting pre-procedural and procedural conciliation and mediation sessions (BEZERRA; ALMEIDA, 2023). In this way, such centers facilitate social pacification and the resolution of disputes in a faster, more accessible and satisfactory manner for the parties involved, in accordance with the guidelines established by the National Council of Justice (CNJ, 2010).

In Pernambuco, the Judicial Centers for Conflict Resolution and Citizenship (CEJUSCs) were established by the Court of Justice of Pernambuco (TJPE) with the purpose of providing greater speed and efficiency in the provision of jurisdiction, especially in less complex cases (TJPE, 2022). These centers promote self-composition between the parties, encouraging consensual and satisfactory solutions, in line with the principles of reasonable duration of the process and procedural economy (TAKAHASHI et al., 2019). Currently, there are more than 27 units distributed in several districts of the state, enabling decentralized access to justice (TJPE, 2021).

Entry into the services offered by the CEJUSCs can occur by filling out an online form available on the official TJPE website or by judicial referral. The activities of these units cover 1st and 2nd degree proceedings of the Judiciary, offering mediation and conciliation sessions for both judicialized cases and pre-trial situations, in which there is still no formal demand before the court (TJPE, 2021). In this way, the CEJUSCs play a fundamental role in the dejudicialization of conflicts, ensuring the parties an adequate environment for negotiation and peaceful resolution of disputes, in accordance with the guidelines of the Code of Civil Procedure and the Mediation Law (Law No. 13,140/2015) (FIGUEIRÊDO, 2023).

Thus, the main purpose of the Judicial Centers for Conflict Resolution and Citizenship (CEJUSCs) is to facilitate the resolution of conflicts in a fast, effective and less costly manner for the parties involved, promoting access to justice and ensuring social pacification (LIMA; GALVÃO; SERRAT, 2018). The scope of action of these centers covers several matters, including civil, tax, social security and family issues, in addition to disputes submitted to the Special Civil, Criminal and Tax Courts (TJPE, 2023). Thus, the implementation of the CEJUSCs represents a substantial advance in the implementation of the judicial policy aimed at self-composition, contributing to the dejudicialization, the reduction of litigation and the promotion of a more accessible, fast and efficient justice system (SILVA; COSTA, 2023).

In addition to relieving the burden on the Judiciary, the CEJUSCs foster a culture of dialogue and cooperation, transforming the way in which disputes are conducted and encouraging consensual solutions, in accordance with the principles of mediation and conciliation, provided for in Law No. 13,140/2015 and the 2015 Code of Civil Procedure (CABRAL, 2017).

However, despite their relevance and potential, these centers face structural and operational challenges that may compromise their effectiveness, such as a shortage of financial and material resources, a lack of ongoing training for conciliators and mediators, and the cultural resistance of some parties to adopting alternative methods of conflict resolution (ZANETI JÚNIOR; CABRAL, 2017). These obstacles may limit the reach and efficiency of CEJUSCs, requiring adequate public policies and investments for their consolidation and improvement.

In view of this scenario, the research problem arises, which will be presented in the next item, aiming to deepen the analysis of the challenges and impacts of the work of CEJUSCs in the implementation of consensual justice and in the reduction of the volume of proceedings within the Judiciary.