Conciliation hearing

a violation of the Constitution or a quick alternative for conflict resolution? A brief analysis

Abstract

This article analyzes the compatibility of the conciliation hearing established by the Brazilian Code of Civil Procedure of 2015 with the principles and guarantees provided by the Federal Constitution of 1988. The study was conducted through bibliographic and documentary research, using a qualitative approach and a deductive method, based on legislation, legal doctrine, and case law related to the subject. Initially, the paper examines the inclusion of the conciliation hearing in the Brazilian procedural system and its relationship with public policies encouraging consensual dispute resolution. Subsequently, it analyzes the constitutional principles of due process of law, party autonomy, access to justice, and access to judicial review. The findings indicate that the conciliation hearing is a legitimate instrument for promoting social pacification and expanding access to justice, provided that the fundamental rights of litigants are respected. It is concluded that the policy of consensual dispute resolution adopted by the Brazilian legal system is compatible with the Federal Constitution, as long as the pursuit of consensus does not result in undue restrictions on the parties’ freedom of decision.