Designs de sistemas aplicados à resolução de entraves à eficiência das audiências de conciliação e mediação no TJMG

Abstract

The object of this research was to propose system designs that provide the judge with management tools to resolve or mitigate the obstacles hindering greater effectiveness in the conciliation and mediation hearings set forth in art. 334 of the Brazilian Code of Civil Procedure (CPC/15), especially regarding the rate of agreements tabulated at the Court of Justice of the State of Minas Gerais (TJMG). Methodologically, in terms of purpose, this research was applied, as it aimed to produce new knowledge to promote changes in the context surrounding conciliation and mediation hearings. As for the type of approach, the research was descriptive, with a detailed and thorough analysis of the subject matter, and propositional, insofar as it proposed some changes to the system involving these hearings. Using statistical tools and techniques as the main method of analyzing the data obtained, the research was classified as qualitative-quantitative, since the data were collected and interpreted personally. Regarding the type of design studied, documentary research was employed, involving the evaluation of reports issued by the National Council of Justice (CNJ). Additionally, a case study was conducted by analyzing the researcher's workplace, and a survey was carried out, consisting of observing the behavior of other TJMG’s jurisdictional units through questionnaires. The research was also considered ex post facto, given that the analyzed phenomena had already occurred. Finally, it was deemed participatory due to the researcher's integration with the environment surrounding her subject of study. Regarding the technique adopted, the investigation occurred through inductive-deductive reasoning, combining the examination of part of the general data and part of the specific data to arrive at general findings and specific phenomena. The results obtained in the research provided a realistic insight into how proceedings are conducted at TJMG, in terms of guiding hearings towards attempts at self-resolution, transparency, and respect for the will of the parties, as well as the qualification of professionals in conducting these hearings. This research was concluded after some system designs were proposed aiming at greater effectiveness in conciliation and mediation hearings at TJMG. Some of these designs were rejected during the development of the research, due to the understanding that they would be only palliatives and easily circumvented, acknowledging the interdependence between the obstacles exposed and the pressing need for investment in attracting properly trained conciliators and mediators to conduct the sessions.