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  • 标题:Os meios consensuais de resoluo de conflitos como indicativos do acesso à justia no estado constitucional
  • 本地全文:下载
  • 作者:José Bruno Martins Leo ; José Miguel Garcia Medina
  • 期刊名称:Research, Society and Development
  • 电子版ISSN:2525-3409
  • 出版年度:2021
  • 卷号:10
  • 期号:10
  • 页码:1-12
  • DOI:10.33448/rsd-v10i10.19064
  • 语种:English
  • 出版社:Grupo de Pesquisa Metodologias em Ensino e Aprendizagem em Ciências
  • 摘要:The Constitutional State brought a new format to the jurisdictional function, as well as the expansion of the fundamental right of access to justice. Hence, the objective of this article is extracted, namely, to verify the existence of consensual means of conflict resolution as a striking feature deduced by the contemporary jurisdictional conception, distancing itself from the traditional view of jurisdiction. Thus, this article aims to recognize the plural reality with regard to means of conflict resolution, by examining the adequacy of the path chosen by the parties themselves, which is also known as multi-door justice, given the presence of techniques such as conciliation, mediation and even arbitration, despite the proximity of the latter with the jurisdictional nature. Thus, through a review of specialized bibliography, it is inferred that the alleged strengthening of the Judiciary also indicates the procedural opening to dispute settlement methods based on consensuality, in view of the agility provided by such means, as well as the greater probability of social satisfaction obtained from a kind of self-management of conflicts substantially supported by the primacy of the autonomy of the will.
  • 关键词:Constitutional state;Jurisdictional function;Conflict resolution;Conciliation;Mediation.
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