Self-Composition in the Civil Procedural Area as a Plausible Tool for Enhanced Access to Justice

Objective: The objective of this study is to analyze consensual mechanisms for conflict resolution, especially mediation and conciliation, as strategies for democratizing access to justice in Brazil. Furthermore, the impact of these practices on decongesting the judicial system and expanding inclusion and equity in access to justice is analyzed. Theoretical Framework: These methods, based on the principles of self-composition, have proven to be effective alternatives to traditional litigation, which is notably marked by slowness and overload of the Judiciary. It is observed that the effectiveness of these methods is directly linked to the existence of public policies that institutionalize their application, as well as to overcoming structural challenges that restrict their dissemination throughout the country. Method: The methodology adopted for this research comprises a qualitative, exploratory approach, and based on bibliographic and documentary research, examining the legal provisions that regulate consensual methods in the Brazilian legal system. Results and Discussion: The results obtained show that mediation and conciliation play a decisive role in promoting faster, more economical and more appropriate solutions to the specificities of conflicts, enabling social pacification. Consensual mechanisms represent a significant advance in the transformation of the Brazilian justice system, making it more inclusive and efficient. Research Implications: The practical and theoretical implications of this research are discussed, providing insights on how the results can be applied or influence practices in the field of self-composition. These implications may include: self-composition promotes a break with the predominant culture of litigation, by fostering the autonomy of the parties and the construction of dialogued solutions, aligned with the concrete needs of those involved. Originality/Value: This study contributes to the literature due to the originality of the research. The relevance and value of this research make it necessary to intensify efforts for its consolidation, through actions that guarantee the technical training of mediators and conciliators and that expand access to these methods.