EFFECTIVENESS AND ADEQUACY OF SELF-COMPOSITION METHODS IN DIFFERENT TYPES OF CONFLICTS FROM THE PERSPECTIVE OF MULTI-DOOR COURTHOUSE
Name: JÚLIA BARROS LEÃO BORGES
Publication date: 17/06/2025
Examining board:
Name |
Role |
|---|---|
| FLAVIA PEREIRA HILL | Examinador Externo |
| RODRIGO REIS MAZZEI | Presidente |
| TIAGO FIGUEIREDO GONCALVES | Examinador Interno |
Summary: The purpose of this dissertation was to evaluate the suitability of self-composition hearings applied to different types of conflict. To this end, quantitative data were analyzed that indicated the effectiveness of the method in different hypotheses, enabling the monitoring of the application of the technique in the Courts of Justice in Brazil. This object is closely linked to the area 2 of concentration of the Postgraduate Program in Procedural Law of the Federal University of Espírito Santo, which is “Process, Constitutionality and Protection of Existential and Patrimonial Rights”, given that it addresses how an adequate method of conflict treatment already formally incorporated into the legal system – self-composition – is impacting the indexes of the Courts, the right of access to justice of the jurisdictional parties and even the credibility of consensuality as an objective of the current Civil Procedural Law. The starting point was the problem of the visible empirical difference between self-composition practices in different types of conflicts, which contrasts with the general rule of applying the same technique to different demands. Thus, despite facing different types of conflict, civil procedural legislation presents the same technique for many of them, which does not seem to be in line with the ideal of Multi-Door Justice. The objective of the investigation was to demonstrate that there is a disparity between the effectiveness of self-composition for different types of conflicts, and that it should be considered when choosing the appropriate procedure. This is because the particularities related to different controversies must be considered when assessing adequacy; and the monitoring of this initial assessment of adequacy must exist in order to empirically validate the hypotheses created in the doctrine. The main theoretical contributions for the investigation were the data produced by the National Council of Justice, on the website Justiça em Números; as well as doctrines related to Multi-Door Courthouse, self-composition and adequacy. For the research, the sources used were mainly quantitative data, books and articles published in different journals specialized in Procedural Law. It is concluded that selfcomposition can be a very beneficial method for the Judiciary and citizens when applied to the correct types of conflicts. However, this technique should not be adopted indiscriminately, under penalty of harming the institution itself in practice and in the memory of the subjects who depend on the Judiciary and legal practitioners.
