Autocomposição no STF e o tratamento adequado de conflitos complexos

Resumo

The Supreme Court of Brazil (STF) has applied Alternative dispute resolution (ADR) to proceedings under its originais or appellate jurisdiction. It recently created a body for this purpose: The Center for Mediation and Conciliation. Resolution 697/2020, which shaped the Center, is an act of the Presidency of the STF and was based on the reasonable duration of the process (article 5, item LXXVIII, Federal Constitution), the principles extracted from the Civil Procedure Code of 2015 and § 3 of article 3 of Resolution 125/2010 of the National Council of Justice (CNJ). The MASCs are employed by the Supreme even in declaratory actions of unconstitutionality. Given this context, the research aimed to identify the appropriate dispute resolution methods within the jurisdiction of the STF and how it employs them from the study of selected concrete cases extracted from jurisprudence research on the STF website. Thus, its main objective is to identify the practice of applying consensual methods for resolving disputes within the STF and to collaborate for a more adequate application of the ADRs, eventually indicating other ways of using them. From the evaluation of the general practice of the STF in these aspects and mainly of the cases selected for a more detailed evaluation, two points were noticed that deserve attention. First, the STF must seek to evaluate disputes and indicate, from the outset, the most appropriate method of conflict resolution, including whether it would be a case of judicial adjudication and the imposition of binding precedents. On the other hand, in actions involving multiple parties, it is necessary to better identify the interested parties and their interests, as well as it is important that the STF provide mechanisms or structures so that the participation of all of them is effective. As a way to increase the effectiveness of alternative dispute resolution methods within the STF, the creation of a new body was suggested, following a permanent nucleus of consensual conflict resolution methods format already in operation in other courts.

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:10438/32969

Palavras-chave

Supreme court of BrazilMediationADR - Alternative Dispute ResolutionMultidoor courthouseDispute system designMediaçãoMétodos alternativos de solução de conflitosMASCTribunal multiportasDesenho de sistemas de disputasDireitoBrasil. Supremo Tribunal FederalResolução de disputas (Direito)Conciliação (Processo civil)