[5] DISSERTAÇÕES EG/FJP
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Navegando [5] DISSERTAÇÕES EG/FJP por Palavra-chave "Acesso à Justiça"
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Item Democratização do acesso à justiça: um estudo sobre a atuação extrajudicial das Defensorias Públicas(Fundação João Pinheiro, 2020-03-26) Faustino, Marcella Raphaella; Batitucci, Eduardo Cerqueira; http://lattes.cnpq.br/9562452176702956; Batitucci, Eduardo Cerqueira; Cruz, Marcus Vinícius Gonçalves da; Souza, Letícia Godinho de; Orsini , Adriana Goulart de SenaThe debate regarding the need to expand access to justice beyond access to the Judiciary has shown to be essential in both social and academic scopes. As known, a significant portion of the population can’t see their demands solved by judicial instances for a variety of factors, among which the uneven distribution of its agencies inside the national territory, the absence of financial resources and the lack of knowledge by the general public of their own rights stand out. The Public Defense has the mission of overcoming some of these difficulties. This institution, that strives to ensure the hyposufficient are granted access to justice, has the function of ensuring not only the access to judiciary instances but also the enforcement of rights and the solution of controversies outside them as well. Although it has a fundamental role in society’s transformation, the difficulties faced by the Public Defense in meeting all the demands directed at it are visible. Within this scenario, the institution, which is part of the Brazilian justice system, has sought to expand its collective operations and its extrajudicial operations. The current work focuses on analyzing the degree of importance that the State Public Defense, the Federal District Public Defense and the Union Public Defense have been giving to extrajudicial methods of conflict solving, ampliation and consolidation of rights and, consequently, how they have contributed to the democratization of access to justice. Starting from the national scenario, the current work aims to analyze the extrajudicial actuation of the state of Minas Gerais’s Public Defense, as a case study, looking to observe the similarities of its procedures with the rest of the Public Defenses along with its particularities. To start the research, a bibliographic survey on these themes was performed: access to justice, adequate conflict solving methodologies and constitution of Public Defense in Brazil. Posteriorly, aiming to construct an overview of the performance of Public Defense, a preliminary data collection on each Public Defense’s website and their respective Superior Schools’ websites was performed. Furthermore, data from publications made by the National Justice Council, the National Public Defenders Association and the Justice Forum were obtained. Based on the collected data, an open questionnaire was prepared and sent to all Public Defenses of the country. Moreover, a semi-structured interview script was employed to obtain data from the Public Defense of Minas Gerais, chosen as a case study because of its accessibility. Altogether 15 public defenders and the auxiliary coordinator of the Conciliation Center were interviewed. The obtained data suggest that despite the Public Defenses’ recognition of the importance of ampliation of their extrajudicial actions, they still don’t prioritize these activities. Therefore, these institutions can’t promote access to justice in its broad sense since their efforts are focused on their performance within legal procedures. It is noteworthy that the current interdisciplinary research has contributed to the debate regarding the panorama of access to justice in Brazil and how it has enlarged its inequalities. Furthermore, it collaborated for the discussions regarding the use of complementary means of conflict resolution. Finally, it has provided an overview of the employed methods and faced difficulties by the Brazilian Public Defenses, presenting relevant elements for the discussion surrounding the improvement of the offered services. Given the breadth of this theme, the difficulty accessing all the country’s Public Defenses’ data and the changes which these institutions go through, new studies are suggested regarding this theme, collecting further data, aiming to promote the constant debate regarding the actuation of these institutions.Item Perspectivas entre o acordo e o acórdão: acesso à justiça e uso de soluções tecnológicas em um cenário multiportas(Fundação João Pinheiro, 2021-08-06) Moura, Gisele Luiza Soares; Dufloth, Simone Cristina; http://lattes.cnpq.br/6166815079725368; Dufloth, Simone Cristina; Souza, Letícia Godinho de; Pinto, Luciana Moraes Raso Sardinha; Garcia, Luciana SilvaThe Brazilian Court Administration faces critical issues, such as excessive demands and an extremely time-consuming system with little capacity to handle the existing procedural stock. In this context, the present study deals with access to justice and the use of technological solutions in a multi-door scenario. Therefore, it is relevant to think about other ways of dealing with disagreements and about possible ways to resolve them, which include the use of ADR (Appropriate Methods for Dispute Resolution) and ODR (Online Dispute Resolution). This study aims to present the analysis of the contours and the context of access to justice from the perspective of the adoption of self-compositional methods, such as mediation and conciliation, as well as the implementation of technological tools in the scenario of the State Justice from a scenario of multiple ports. Thus, three fronts of execution of the judicial public policy were mapped: the Courts’ CEJUSCs; the body of mediators and conciliators; inst itutions dedicated to resolve conflicts by alternative methods, registered as private chambers in the Courts. The work is justified since the subject is recent, it deals with a public policy, contributes to the science of public administration and law, to the systematization of dispersed information and to the deepening of a topic lacking in literature. Methodologically, we chose to use qualitative and quantitative methods. The quantitative perspective was based on the analysis of data from the 2,732 mediators and conciliators registered on the CNJ platform and the responses obtained in the two questionnaires sent, one for the CEJUSCs and the other for the private chambers. A literature review was carried out, from a qualitative point of view, including bibliographic research, documentary research (including the normative scenario), participation in seminars and courses, nine semi-structured interviews and multiple case studies of five CEJUSCs for further study. The phenomenon observed is heterogeneous in the country in terms of the quantity and distribution of CEJUSCs, private and professional chambers; the offer of conciliation and/or mediation in CEJUSCs; the regulation of the remuneration of facilitators and the free or non-free service at CEJUSCs; the legal nature of private chambers and the methods used by them; the profiles of professionals in terms of qualifications, expectation of remuneration and areas of activity. The incorporation of technology was verified both in CEJUSCs and in the private chambers, in which the ADR methods were transplanted to the digital environment, and in these fully automated initiatives (ODR) were observed. In addition, we also verified the lack of uniformity between the data records and the volume of information available for public consultation on the subject, as well as differences between the preprocedural and procedural sessions and the conciliation and mediation sessions, such as the percentage of agreements, and between the number of scheduled hearings and the amount that actually takes place. It is suggested to deepen the study within each presented front, as well as to carry out an analysis of the agreements concluded in line with the characteristics of the participants and the use of ODR in the private chambers.