Da audiência de conciliação e mediação: da prescindibilidade desse ato processual por ato voluntário de uma ou de ambas as partes

Abstract

This document consists on a study turned to show that happened a correctness of the Legislative when it allowed, based on article 334, _ 4°, of the new Civil Process Code, that the parts choose premised on the conciliation audience and mediation event or not, bringing positive impacts which this recent change it's causing on processual area. The primordial escope its to reveal that the imposition of that audiences was delaying the processual resolution, at some cases, in reference to historical context that was created and it objectives, like it occurred in practice before that legal prediction; like it's happening in practice afterwards the changing to not obligatoriness; the related to principles basis to explain that modification; compared to Special Civil Judges, where the same still obligatory and the benefits for all involved parts on common procedement next to the new code come into force besides sugests some modifications to improve this legislative inovation. Finally, the actual article was constructed based on documental and bibliographic research, through legistation, books and juridical texts, where was searched to report the efficiency of beneficial possible results of the not obligatoriness of those audiences to the promptness of procedual protocol, what possibly neither will turn on decrease of the exorbitant process amount in progress and the judiciary power cost, which is, economy to public coffers and, the most important, will establish the compromise provided by Federal Constitution with reasonable process time. This research predicated on the premise that the consiliation and mediation audience it's just an efficient instrument when parts have interests on talking and achieve consensus not only just by legal imposition. The approach method used it's the deductive one, and it techniques of used researches are bibliographic and doctrinaire.