A atuação do conselho nacional de justiça na implementação da política pública judiciária autocompositiva

Resumo

The present research intends to understand the work of the National Council of Justice (CNJ) and its role as promoter and implementer of public policies to improve the performance of the Brazilian Judiciary, with a focus on self-composition judicial policy, which consists of the use of consensual methods to conflict resolution, through mediation and conciliation, whose normative framework was the CNJ Resolution nº 125/2010, a policy that is part of a macro policy of access to justice. The justification for studying this new model of justice, based on dialogue and consensuality aimed at building social peace, goes through the consolidation and expansion of self-composition, in the light of the public policy cycle, the multiple flows of Kingdon and the judicial bureaucracy theory, impacted by managerialism, which demonstrates its suitability for the Master's research line. The objective of this research is to analyze the role of the CNJ in the special treatment given to the self-compositional policy and the change made in the judicial administration. The central problem of the research starts from the question of how the CNJ's performance was important in the implementation of the selfcompositional public policy. Considering that the CNJ, since its creation, has established itself as the governing body of the Judiciary, as research hypotheses it was possible to verify the functioning of self-composition as a new, more democratic, efficient and participatory judicial bureaucracy, within an adversarial power, for excellence, as well as the structural and cultural change produced throughout the Judiciary. This will be based on the analysis of the CNJ reports, which provides a diagnosis of the conciliation index of the judicial units of the different segments and spheres, addressing the structure of the units that carry out the conciliation or mediation sessions. The methodology of this study is based on the deductive approach, starting from the general conceptual assumptions about judicial bureaucracy and the public policy cycle, based on qualitative research of bibliographic and documentary references, passing through reforms in the administration of Justice and the emphasis on selfcompositional policy, such as judicial policy to be adopted by the Brazilian courts, complemented with a quantitative study of the performance indicator created by the CNJ to measure conciliation in the courts over the years. In conclusion, this dissertation emphasizes the importance of the CNJ as an institutional arena, for the promotion and implementation of public judicial policies in a directive way to obtain better results in the solution of the conflict, although the conciliation index is still low.

Ficha do documento

Tipo

Dissertação

Ano

2022

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/32892

Temas

Políticas PúblicasAdministração Pública

Palavras-chave

Política públicaAutocomposiçãoBurocrática judiciáriaConselho Nacional de JustiçaÍndice de conciliaçãoPublic policySelf-compositionJudicial bureaucracyNational Council of JusticeDialogic cultureConciliation indexAdministração públicaConselho Nacional de Justiça (Brasil)Políticas públicas - BrasilPoder judiciário - BrasilResolução de disputas (Direito)Mediação