THE EFFECTIVENESS OF THE RIGHT OF ACCESS TO JUSTICE: A PROPOSAL FOR THE IMPLEMENTATION OF MEDIATION AND CONCILIATION CENTERS IN LEGAL PRACTICE CENTERS (NPJ)

Abstract

The object of study of this research work is the proposal to implement a mediation and conciliation center, in the Legal Practice Centers (NPJs) of Law courses, enabling the inclusion of alternative means for conflict resolution, in the legal practice required by the academics of law courses and means of enforcing the right of access to justice. The relevance of the theme and its originality are intensified, to the extent that it can become a kind of directional instrument for the realization of the right of access to justice, carried out by the university. The objective of this research is to propose the implementation of the model of a Mediation and Conciliation Center in the Legal Practice Center, as a way of enforcing the right of access to justice. Regarding the methodology, to carry out the research, the triangulation of several methods was considered, in this case, the documentary, comparative and teleological hermeneutic with a deductive and empirical approach. A documentary survey was carried out about the legal instruments of the University's Law course, such as the National Curriculum Guidelines (DCN), the Pedagogical Project of the Law Course (PPC), NPJ regulations, internal resolutions, among others, so that, after analysis, it was possible to propose a set of modifications, adaptations and instructions to implement the Mediation and Conciliation Centers in the Legal Practice Centers of the Higher Education Institution. A case study was applied to the research, through a convenience sample, in which mediation was applied in one of the cases and conciliation in the other, as a sample. In the end, the results allowed to propose a step-by-step guide on how to implement a Mediation and Conciliation Center in the NPJ of an HEI, which can serve as a means to enforce the right of access to justice, and play an important role in the regional development where the HEI is inserted by creating an environment conducive to economic growth,  the reduction of inequalities and the strengthening of democracy, which is fundamental to achieving equitable and sustainable regional development.