ACCESS TO JUSTICE: PRE-PROCEEDINGS MEDIATION AS A GUARANTEE OF ACCESS TO A FAIR LEGAL SYSTEM WITHOUT THE REQUIREMENT OF ASSISTANCE FROM A LAWYER OR PUBLIC DEFENDER

Abstract

This article aims to conduct a literature review on pre-procedural mediation as an effective mechanism for ensuring access to justice, with an emphasis on analyzing the possibility of parties acting without the mandatory assistance of an attorney or public defender. A qualitative methodology of a theoretical nature was adopted, based on bibliographic and documentary research. The study was carried out through the analysis of legal provisions, specialized doctrine, and case law, using online scientific databases such as Google Scholar, SciELO Brazil, and legal journals. Thus, it was possible to examine the foundations, legal bases, and importance of this alternative means of dispute resolution in the process of democratizing access to a fair legal order, highlighting the significance of the principle of party autonomy and the principle of informed decision-making in the conduct of the mediation procedure. It is concluded that pre-procedural mediation constitutes a democratic, technical, and ethical instrument that contributes to social pacification and broadens access to justice, even in the absence of mandatory legal assistance.