Política nacional de tratamento adequado dos conflitos: uma leitura de perspectiva da análise econômica do direito acerca da Política Pública Nacional de tratamento dos conflitos

Abstract

The concept of access to justice has undergone changes throughout history, gaining much more comprehensive outlines, and, in the case of Brazil, special constitutional protection, which was accompanied by the need for positive state provision. In the other hand, the financial resources available to the public budget are finite and must be used with maximum effectiveness. In addition to these perspectives, there is that the multidoor conflict resolution system provides an extensive portfolio of conflict management, the suitability of which each method to the specific case leads to an assertive investment in the cause and consequence of the problems to be solved by the parties. Resolution No. 125/2010 of the National Council of Justice was a period, as it categorically established the adoption of a national public policy aimed at promoting appropriate dispute resolution. In the meantime, the present research aims to place data referring to the effectiveness of providing access to justice under the perspective of the CNJ Resolution No. 125/2010 from the perspective of the Economic Analysis of Law. The work is thus justified by presenting a qualitative reading of documents published by the CNJ, performing a critical reading of its content in parallel to the legal budgetary diplomas in a time frame. To achieve the proposed objective, we opted for the research technique based on case study, making use of the inductive approach method.