THE CULTURE OF LITIGATION IN BRAZIL: OBSTACLES TO THE CONSOLIDATION OF SELF-COMPOSITION METHODS IN THE CIVIL SPHERE

Abstract

This article examines the culture of litigation in Brazil. The focus is on the civil judiciary, and the research centers on a specific question: what still hinders the consolidation of self-composition methods within the Judiciary? To address this, the research follows four paths. It investigates the historical roots of litigation, seeking to understand why this logic persists. It discusses the meaning of denaturalizing dispute as a predetermined route, and also gathers arguments about what dialogical practices deliver when they replace the oppositional reflex between parties. Methodologically, a qualitative approach was chosen, combining bibliographic research and documentary analysis, with a focus on what is actually observed in institutional spaces—especially in the Courts. Four elements emerged as central obstacles: resistance from legal professionals, structural fragility of judicial bodies, excessive volume of pending cases, and the absence of consistent public policies. The persistence of this adversarial culture aggravates the response time expected from the State Judge, in addition to narrowing the space for consensual solutions. Moving forward, therefore, depends on fostering a culture of peace based on assertive dialogue, the active involvement of the parties and society as a whole, as well as the development of faster and fairer responses for all involved.