This paper is about the contemporary difficulties and challenges of the Brazilian Judiciary, especially the implications of the use of the mediation mechanisms as an alternative dispute resolution technique. The research was carried out: a) bibliographic, where a survey and a record of the most recent homeland works in the subject were made; b) documentary, an opportunity in which the history and the main existing Brazilian legislation regarding the matter were presented; c) descriptive, in which the various actions of the Judiciary were analyzed; and, d) applied, in which the rates of conciliation were demonstrated; as well as the reality experienced by a local Court in recent years. As a result, it was concluded that, despite the existence of numerous normative acts aiming at the adoption of these methods; in the day-to-day provision of jurisdiction, this scenario was not reflected, whose managerial behavior remain focused on the use of the traditional adjudication technique.
Access to justice must be improved. The incorporation of the Online Dispute Resolution (ODR) is an alternative in the context of the COVID-19 pandemic, mainly due to the need for social isolation. The paper analyzes the result of the action with alternative dispute resolution carried out at the Positivo Law School Clinic, in Curitiba, capital of Parana state, in 2020 exclusively with the use of technology, resulting in 75% of agreements. The methodology used in the research was the quantitative analysis of cases and agreements, and survey with the actors involved in the action. Also, a comparative analysis of the results of the virtual edition with previous editions, carried out in the face-to-face modality, was done. As a result, it was found that there were no impacts on the index of agreements made, with significant impacts on the perception of users of the justice system with the ODRs.
The study analyze how free legal assistance services are being provided to the vulnerable population of the State of Paraná, Brazil, during the COVID-19 pandemic. In Brazil, the Public Defender's Office is responsible for providing full and free legal assistance to all those who prove insufficient resources. However, according to the Map of Public Defenders in Brazil, in 2019 there was a deficit of 743 public defenders in the State of Paraná. Thus, other legal services providers are necessary, in order to promote access to justice, such as the Legal Practice Centers. The methodology used was based on data collection from the free legal assistance services in Paraná. The data reveal that, despite the efforts of the Public Defender's Office of the State of Paraná and some Legal Practices Centers to provide free legal services, these institutions have not satisfactorily fulfilled their role in promoting access to justice for the vulnerable population during the COVID-19 pandemic.
The Covid-19 pandemic had impact on the access to justice, especially for the most vulnerable people in Brazil. This impact was measured by the number of people who access the justice system in 2020, compared to the number of previous years. This paper analyzes these impacts based on the work of the Positivo Law School Clinic, which serves the population in a vulnerability situation in Curitiba, capital of Parana state. Using technological tools, the Clinic assisted 2,467 people who were excluded from the justice system. The action resulted in positive impacts, especially if analyzed from the perspective of SDG 16, Agenda 2030. Although, in comparation with the previous years, it was verified a decrease of 70% in the number of people assisted personally. The methodology used in the research was the quantitative analysis of the number of people served, and survey with the actors who participated in the action.
The research aims to identify barriers to Access to Justice in Brazil of the population served by the Public Defender's Office with the Covid-19 pandemic in the view of its members. 72 Brazilian court rules were raised on the virtualization of procedural acts and 17 members of the Public Defender's Office were interviewed on the scenario of virtualization of judicial processes, the situation of custody hearings and prospects after the pandemic between December/2020 and February/2021. There was little transparency in the rules of the courts and disregard for the low access to the internet by the population served by the Public Defender's Office. And the perception that the pandemic has brought serious damage to the right of defense with difficulties in investigating legal proceedings (in particular the absence of an offense body examination), the impossibility of reserved service with the arrested defendant and decisions on preventive prisons adopted without Defender's participation.