O sistema de justiça multiportas na concretização do direito fundamental de acesso à justiça e na efetividade da prestação jurisdicional

Abstract

The purpose of this paper is to analyze the Multi-door Justice System and its contribution to the realization of the Fundamental Right of Access to Justice and to the effectiveness of judicial provision in the national legal system. Divided into three parts, the first will be devoted to the deepening of the above-mentioned fundamental rights. Moreover, in the second part, the multi-door justice system will be conceptualized in order to explain that it is about the various options that the citizen has to solve the conflict, being able to choose the one he deems more appropriate. Thus, the origin and particularities of this system will be known, briefly, as well as the way it is presented in the Brazilian legal system, that is, through the well-known alternative means of conflict resolution. It is noteworthy that the study will focus only on conciliation, mediation, arbitration, and the procedure for the desjudicialization of lawsuits, because these are the most common for citizens. Finally, in the third part, the main obstacles to the culture of the use of consensual means will be evaluated, in addition to the reflexes of the multiport system in the realization of other fundamental rights and guarantees that are reflected in the procedural area, as well as in the issue of procedural slowness. In conclusion, the Multi-Door System of Justice is an effective tool that has resulted in the expansion of access to justice and the effective of judicial protection, because of the methods that help stakeholders to adequately and effectively resolve their conflicts. The present work was carried out through a bibliographical research, with the support of renowned authors who have spoken on the subject, in addition to the legal texts pertinent to the theme.