Audiência de conciliação nos juizados especiais cíveis : Tribunal de Justiça do Estado Mato Grosso, obstáculo ou solução?

Abstract

The scope of this study is to assess the effectiveness or ineffectiveness of the conciliation hearings held in the Special Civil Courts of the Court of Justice of the State of Mato Grosso. In this bias, the conciliatory practice required by the Code of Civil Procedure, and repeated in the scenario of Special Civil Courts, through Law 9,099/95 in order to ensure greater procedural speed, as a quick and effective measure to settle the claims resisted and consequently emptying the procedural stock, guaranteeing the parties an effective jurisdictional provision, in fact, it has proved to be a real obstacle, given that in the overwhelming majority of times the conciliation remains fruitless, in order to believe that the legislative commands end up being an obstacle to be overcome by one of the parties to reach a real resolution of the process, culminating then with a reverse effect of what was initially intended by the legislator. In this sense, the aim of this research is to make a counterpoint between the unnecessaryness of holding this ceremony, as a way to give effectiveness to procedural speed and to ensure the effective judicial provision, in order to honor the institute of a reasonable duration of the process.