Autocomposição antes da audiência de conciliação prevista no art. 334 do CPC: uma análise prática dos casos e seus desdobramentos

Abstract

After bibliographical and procedural analysis, it was sought to demonstrate that the processes in which the parties choose to resolve the conflict through an agreement have a more reasonable duration of the process, with preservation of the autonomy of will of the parties, besides achieving the main purpose of the process, which is the best resolution of the merit. Compared to the time spent in relation to the litigation with the production of evidence, for example, behold, if the agreement was already signed in the initial phase of the process, which would be before the conciliation hearing, the eventual instruction hearing would become unnecessary. When talking about an agreement, one should keep in mind that the main objective of the process is the resolution of the conflict in the best possible way, and here we are talking about the self-compositive way. We tried to analyze how the agreement under the conditions advocated, can contribute to the resolution of the conflict, and to the reasonable duration of the process. Self-composition would help to relieve the slow pace of the Judiciary, so that it can attend to claims that require a trial on the merits by the magistrate. What is sought in this article is to contribute to the path of a constitutional due process, using the agreement to resolve conflicts.