Mediação e conciliação: uma nova perspectiva a partir do código de processo civil de 2015

Abstract

The proposite of this article is analyze the conciliation and mediation institutes from the Civil Procedure Code of 2015, and highlight how the CPC / 2015 contributes to an effective solution by encouraging the use of alternative means of resolution controversies. The theme of the litigation culture still present in the Brazilian legal system will be addressed until the new conception of the culture of consensus, the historical aspects of mediation and conciliation, the distinctions between the two legal institutes, normative evolution up to CPC / 2015, the development of practices aimed at the mediation and conciliation activity in the code, as well as a brief examination of the phenomenon of "desjudicialização" and the attribution given to the notaries to carry out mediation and conciliation.