Audiência de conciliação: uma análise acerca da (in)eficácia nos juizados especiais cíveis na comarca de Natal/RN

Abstract

This article aims to analyze the (in)effectiveness of conciliation hearings in the special civil courts of Natal/RN, from a dialectical view of the subject, through documentary research, graphic examinations, in addition to bibliographic research in books, academic articles, dissertations, theses and pertinent legislation, analyzing since the appearance of the special civil courts the importance of conciliation as a social pacifying source of law in the most diverse cases. It also deals with the law of judicial organization regarding the District of Natal/RN, seeking to analyze how the courts can be an important instrument for reducing the time of trial and processing of cases if the conciliation hearings are effective, ensuring a concrete sense of justice. Furthermore, it brings a brief analysis about the functionality of conciliation hearings: if it is only a procedural stage to be fulfilled or if it has an effective satisfaction, as a final form of litigation, thus being in line with the principle of reasonable duration of the process and the guarantee of procedural speed, aiming at the social function of law: social pacification. Another aspect observed is the importance of the conciliator's role in the composition of the dispute, analyzing the definition of conciliation as a conflict resolution measure, which promoted a new understanding in relation to the ordinary process, as seen in the New Code of Civil Procedure. Finally, the aim is to weigh statistically and conceptually the factors that increase or reduce the rates of these hearings in Natal/RN and, on the other hand, suggest solutions for their improvement.