Mudança na cultura jurídica: A possibilidade de conciliação e mediação extrajudicial em cartórios de registro e notariais

Abstract

In recent years, self-composed methods, such as conciliation and mediation, have gained prominence in the Brazilian legal field, due to the new Civil Procedure Code of 2015 and Federal Law nº 13,140 of the same year, which established extrajudicial mediation. These methods represent a new perspective to the overload of the Judicial System. The authorization and standardization of conciliation and extrajudicial mediation in registry and notary offices occurred recently, in 2018, by the National Council of Justice (CNJ) through Provision nº. 67, later replaced by Provision nº 149 of 2023. This study aims to analyze how These notary offices operate in self-composition, highlighting their advantages, such as legal security, easier access, de-judicialization and less bureaucracy, but also disadvantages, such as complexity and low remuneration. Furthermore, it examines the applicability of self-compositional methods in these locations, which will still be incipient. For the present work, were used the hypothetical-deductive approach, monographic procedure and bibliographic and documentary research techniques.