NEGOTIATION AS A CIVIL PROCEDURE STAGE FOR CONSTRUCTION OF A DIALOGUE LEGAL SOLUTION

Abstract

We live in times of crisis in the justice system, and it is necessary to recognize the slowness and bureaucratic exaggeration amidst the increasing volume of conflicts transformed into demands, with low resolution rates, contributing to flagrant social disharmony in scenarios of polarization, fake news, of ineffective decisions, of a feeling of impunity and disrespect for the law. In this context, it is necessary to rethink the role of the civil process as an instrument capable of fostering and allowing democratic spaces for resolving disputes, in a dynamic of cooperation between the different actors in a multi-door justice system. As an alternative to a dialogued legal solution, presenting negotiating alternatives can offer good methods to not only deliver adequate judicial protection, but also to effectively achieve social pacification. This is the purpose of this text.