MEDIATION AND CONCILIATION IN EXTRAJUDICIAL SERVICES: AN ANALYSIS OF PROVISION NO. 149/2023 OF THE NATIONAL COUNCIL OF JUSTICE

Authors

• Carolina Kolling Konzen
• Paula Meinhardt Aguiar

Abstract

The main objective of this article is to understand the use of mediation and conciliation within extrajudicial offices, seeking to understand the changes that the recent Provision No. 149/2023 of the National Council of Justice has brought about in terms of dejudicialization and expanding access to justice in Brazil. This has allowed self-compositional methods of conflict resolution to be used in extrajudicial registries as well. To this end, the problem that drives the research asks: can the use of mediation and conciliation, since Provision No. 149/2023 extended the application of these self-compositional methods to extrajudicial offices, be considered a public policy for access to justice and conflict treatment? As for the methodology used, the method of approach is deductive and the techniques are bibliographical, legislative and doctrinal research. Finally, the conclusion is that the use of mediation and conciliation in the context of notarial and registration functions is an important mechanism for resolving conflicts, as well as expanding the phenomenon of de-judicialization and contributing to a public policy of access to justice.