ANÁLISE DO INSTITUTO DA AUDIÊNCIA DE CONCILIAÇÃO/MEDIAÇÃO NO NOVO PROCESSO CIVIL

Abstract

The purpose of the current article is to analyze the institute of conciliation/mediation hearing in the New Brazilian Civil Procedure, as provided for in article 334 of the Code of Civil Procedure. The paper contextualizes the new procedural diploma against the reality in which it was conceived, as a propagator of the Multi-door Courthouse Concept in Brazil. The code introduced significant changes to the civil procedure. It is worth highlighting the normative provision for the mandatory holding of the initial conciliation/mediation hearing, as provided for in article 334, §4°, clauses I and II of the Code of Civil Procedure, subject to a fine in case of non-compliance. This legal provision is subject of debate in the legal doctrine regarding the possible violations of the principles of autonomy of the will and the reasonable duration of the process. The methodology used was the deductive method. As for procedure, bibliographic, through law, doctrine, case law and article reviews.