DEMOCRACIA, JUDICIALIZAÇÃO E CONSENSUALIDADE: CONSIDERAÇÕES SOBRE UM NOVO PARADIGMA DE JUSTIÇA

This study aims to examine consensuality as a new paradigm of justice. Under this bias, the democratic aspects that involve the theme are highlighted in that self-composition is pointed out as an exercise of citizenship, under the new conception of participatory democracy. Thus, it is intended to break with the primacy of jurisdiction as the only appropriate means for the resolution of disputes and to foster debate about the importance of consensuality in dejudicialization and its contribution to judicial effectiveness. The research begins with the resumption of the democratic process and relevance of the judiciary in this context, through an approach to the principle of inthenonness of jurisdiction. Next, the rise of the judiciary and the phenomenon of judicialization and its negative effects are presented. In the end, consensuality is examined from the perspective of its procedural promotion, the democratic relevance of its use and practical challenges.