PRACTICAL-LEGAL REFLECTIONS ON THE OBLIGATION OF CONCILIATION OR MEDIATION HEARINGS. Beatriz Gamito Santos Nunes da Silva

Abstract

The objective of this project is to show, through a hermeneutic interpretation of the doctrine, that the mandatory conciliation or mediation hearing, provided for in article 334 of the 2015 Code of Civil Procedure, hinders the judge, who must designate it, even if, due to his or her forensic experience and the search for procedural speed and effectiveness of jurisdiction, he or she deems it to be fruitless. Therefore, based on the Principle of Cooperation, which guides the new Code of Civil Procedure, it is intended to demonstrate that the judge could decide in a way that is contrary to the law, thus, in fact, contributing to the conduct of the process, so that jurisdiction is effectively achieved in the end, in a swift manner. Since, in this new model of process, the judge becomes one of the subjects of the procedural dialogue, leaving aside the position of spectator, to conduct it cooperatively together with the parties, sharing with them the acts of the information stage.