Meios alternativos de resolução de conflitos: uma análise do modelo de sistema de justiça multiportas

Abstract

This paper consists of the analysis of the Alternative Dispute Resolution Methods within the Multidoor System of Dispute Resolutions and its possibilities of application, mainly, in the context of the Civil and Criminal Special Courts in Brazil, according to the Law nº. 9.099/1995. The culture of conflict and, therefore, the excessive sentencing, are consequences of a judiciary that does not promote the principles of Justice, such as making a path of availability to dispute and resolve cases in the best possible way. Faced with a conflict that could be resolved without the need of admission of a demand in a litigation process brought before the Judiciary, it is essential to recognize that the Adequate Methods of Conflict Resolution are intrinsic tools for the better satisfaction of the parties in the resolution of their conflicts, evidencing their exercise rights of citizenship and effective access to justice. Thereby, it is extremely important to promote the discussion of this topic, dealing with the differences, applications and aiming at the methods available in the Multiport System, compatible with each case in order to reach an adequate conflict resolution in the most satisfactory way.