The Role of the Conciliator in the Special Civil Special Court at the 4th Special Civil Court of Macapá-AP, Amazon, Brazil

Dalk Dias Salomão Neto,Amanda Alves Fecury,Nicole Moreira Faria Sousa,Claudio Alberto Gellis De Mattos Dias,Euzébio De Oliveira,Carla Viana Dendasck

doi:10.32749/nucleodoconhecimento.com.br/law/special-court

Dalk Dias Salomão Neto, Amanda Alves Fecury + Show 4 more

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https://doi.org/10.32749/nucleodoconhecimento.com.br/law/special-court

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Abstract

Due to numerous social problems, justice began to be more requested by society. There was an urgent need for a new paradigm, with the creation of special courtcases, based on conciliation, as an alternative means of conflict resolution as a partial solution. The special courts have evolved a great deal since its creation, through law 9.099/95, which proved extremely important for the reorganization of justice, in the face of the great demands of lawsuits. The objective of this work was to analyze the role of the conciliator in the special virtual civil court in the 4avara of the special civil court of Macapá AP, Amazon, Brazil. It is concluded that there was a historical evolution of the special justices, from its implementation through law 9.099/95 to the construction of its principles such as procedural speed, informality and, all pointing to the realization of a faster and more efficient process. PROJUD and TUCUJURIS by computerizing the special courts seem to be important in the modernization of the process, making them simpler, faster and accessible to all and thus following the world’s technological trends. Special courts as a whole should seek to invest more and more in conciliators and actions aimed at conciliation, such as state and national conciliation weeks, because thus, there will be a great possibility that cases in the judiciary gain greater fluency.

Highlights

Due to numerous social problems, justice began to be more requested by society, having problems, such as the large number of procedural demands, delay in judging processes and bureaucracy (Sena and Richa, 2011; Guimarães, 2013).Adding these situations with the difficulty of access of people with economic hyposufficiency in the judiciary, there was an urgent need for a new paradigm, having as partial solution the creation of special courts, based on conciliation, as an alternative means of conflict resolution (Sérpias, 2015).The Special Courts in Brazil, formerly called the Small Claims Court, modeled an American structure known as Small Claims Courts
The Special Civil Courts are organs that make up the Ordinary Justice, and were created with the purpose of conciliation, process, trial and execution, in the causes of their jurisdiction, disciplined by Federal Law No 9,099 of September 26, 1995
The real intention of special civil courts is the resolution of problems of access to justice, basically related to the costs and delay of cases, and there are numerous obstacles that citizens, who call for justice, encounter (Guimarães, 2013)

Summary

Introduction

Due to numerous social problems, justice began to be more requested by society, having problems, such as the large number of procedural demands, delay in judging processes and bureaucracy (Sena and Richa, 2011; Guimarães, 2013).Adding these situations with the difficulty of access of people with economic hyposufficiency in the judiciary, there was an urgent need for a new paradigm, having as partial solution the creation of special courts, based on conciliation, as an alternative means of conflict resolution (Sérpias, 2015).The Special Courts in Brazil, formerly called the Small Claims Court, modeled an American structure known as Small Claims Courts. Due to numerous social problems, justice began to be more requested by society, having problems, such as the large number of procedural demands, delay in judging processes and bureaucracy (Sena and Richa, 2011; Guimarães, 2013). Adding these situations with the difficulty of access of people with economic hyposufficiency in the judiciary, there was an urgent need for a new paradigm, having as partial solution the creation of special courts, based on conciliation, as an alternative means of conflict resolution (Sérpias, 2015). It was not necessary the figure of the lawyer, who was requested according to the complexity of the situation (Porto, 2008)

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