Mediação e conciliação como instrumentos de transformação da cultura judiciária e de promoção da eficiência processual no Brasil

Abstract

This study examines the performance of the Brazilian Judiciary in the context of the significant increase in litigation and the abusive use of procedural mechanisms, analyzing conciliation and mediation as instruments capable of transforming the Brazilian judicial culture and highlighting their role in effectiveness, celerity, and greater rationality in procedural proceedings. Although the 2015 Code of Civil Procedure and CNJ Resolution No. 125/2010 have consolidated a public policy of adequate dispute resolution, the prevailing culture of adjudication still predominates, contributing to systemic congestion and judicial delay. The research, based on a deductive and qualitative approach supported by statistical data from the CNJ, demonstrates that self-composition produces significantly superior results in terms of celerity, party satisfaction, and the reduction of repetitive litigation. It concludes that resistance to consolidating these methods stems less from normative limitations and more from entrenched attitudes associated with the traditional adjudicatory model, constituting institutional behavior that hinders the effective implementation of consensual solutions already provided by law. Thus, mediation and conciliation prove to be essential mechanisms to confront procedural abuse and redirect state action toward a more efficient, collaborative justice system aligned with the constitutional principles of reasonable duration and cooperation.