CONSELHO NACIONAL DE JUSTIÇA E OS MEIOS ALTERNATIVOS DE RESOLUÇÃO DE CONFLITOS: avaliação da eficiência dos Centros Judiciários de Solução de Conflitos na comarca de São Luís - MA.
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Data
2016-09-15
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Universidade Federal do Maranhão
Resumo
The objective of this research was to evaluate the efficiency of Conflict and
Citizenship of the City of St. Louis Solution for Legal Centres - MA from 2013 to 2015,
from the actions undertaken by the State of Maranhão Court of Justice to implement
Resolution No 125/2010 of the National Council of Justice (CNJ), which established
the National Judicial Policy Suitable Treatment of Conflicts of Interest. For this, rebuilt
from the modernity, the process of transformation of the state and the judiciary in the
world and in Brazil, which resulted in increased litigation and bureaucracy, slowness
and inefficiency of the judicial services. This time, he served as theoretical framework
the third wave of access to justice movement formulated by Cappelletti and Garth,
who presented as a solution for legal problems a wide range of reforms aimed to
make it simple, economical and efficient justice system and create alternative means
of conflict resolution. It argued that the implementation process of alternative means
of conflict resolution in Brazil was the result of international economic pressures of
the World Bank and internal dissatisfaction with the performance of the judiciary,
especially, after the democratization of the country with the Federal Constitution of
1988 . This reform, which was to mark the Constitutional Amendment No. 45/2010,
was influenced by the managerial vision of public administration, established in Brazil
by Constitutional Amendment No. 19/98, which encouraged the CNJ to implement
the judicial administration typical elements of the initiative private as strategic
planning, achievement of goals, measuring results in a clear relationship of cost
benefit. It was formulated reasoning from the deductive method, as it left the general
impositions of CNJ on the National Judicial Policy Treatment Suitable for Conflicts of
Interest to reach local findings on the implementation of efficiency of this policy,
taking advantage, for both, the Technical Document 319 of the World Bank,
Resolution 125/2010 of the CNJ, Resolution No. 10/2011 of the Maranhão Court of
Justice and the reports and crafts provided by Citizenship and Conflict Settlement
Judicial centers portrayed the operation of these units in the years from 2013 to
2015. As a result, it was found that CEJUSC, although in full operation, need better
structure and can be better exploited.
Descrição
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Conselho Nacional de Justiça; Meios Alternativos de Resolução de Conflitos; Centros Judiciários de Solução de Conflitos e Cidadania, National Justice Council; Judicial Centre of Conflict Resolution and Citizenship; Conflict Mediation
Citação
BARBOSA, Wermeson Pinheiro. CONSELHO NACIONAL DE JUSTIÇA E OS MEIOS ALTERNATIVOS DE RESOLUÇÃO DE CONFLITOS: avaliação da eficiência dos Centros Judiciários de Solução de Conflitos na comarca de São Luís - MA.. 2016. [139 folhas]. Dissertação( PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO/CCSO) - Universidade Federal do Maranhão, [São Luis] .