ALTERNATIVE METHODS OF CONFLICT RESOLUTION AS TOOLS FOR EFFECTIVE ACCESS TO JUSTICE

Abstract

It is known that living in society corresponds to the inevitability of conflicts in view of the plurality of opinions, hence the emergence of new demands and new social appeals according to the transformations that took place in a given context and historical moment. It was in this way that conflicts were no longer resolved solely in the private sphere and began to be discussed by the so-called state jurisdiction.However, over time, and with the arrival of new changes caused by modernity that affected society, the State stopped being quick enoughwhen providing jurisdictional protection, and the Judiciary became full of new disputes to be resolved, in the same proportion as the actions already proposed were being finalized, giving rise to the crisis of the judiciary, and, consequently, hindering access to justice. However, with the entry into force of the Brazilian Code of Civil Procedure, in 2015, the legislator sought to adopt measures aimed at solving conflicts more quickly and with greater benefits for litigants, without leaving them at the mercy of judicial delays. In this context, this article aims to present an analysis of alternative methods of conflict resolution as a mechanism to enforce the right of access to justice. Therefore, it stands out about the non-adversarial means of resolving disputes, firstly, by indicating the existing modalities and their main characteristics, and then by explaining how it is possible to make access to justice effective through the application of such methods.