A solução consensual de conflitos pelas serventias extrajudiciais como forma de efetivação do acesso à justiça

Abstract

This article addresses the means of conflict resolution currently existing in extrajudicial services and how the respective procedures are mechanisms for implementing the principle of access to justice. This is a current and relevant topic due to the entire movement of dejudicialization currently experienced, combined with the crisis of effectiveness that plagues the Judiciary. The object of the research is the study of procedures that used to be the monopoly of the Judiciary Power and that today are dealt with by extrajudicial services, and the solution promoted by them embodies the effective access to justice. Through the deductive method, it seeks to assign an answer to the following research problem: Can extrajudicial services be considered multiport conflict management centers capable of contributing to the realization of the fundamental right of access to justice in Brazil? The following items of development are covered in order to obtain the answer, first the movement of access to justice and its concept is analyzed, then it presents the outline of the crisis that devastates the Brazilian Judiciary Power and at the end it examines whether the extrajudicial services can be considered multiport conflict resolution centers able to put into effect the fundamental right under study. The conclusion is that the solution of conflicts by extrajudicial services, being adequate and timely, gives the citizen effective access to justice.