The present Master thesis is linked to the Research Line 2 – Jurisdiction Instruments, Access to Justice and Human Rights – the Professional Master's Program and Interdisciplinary Constitutional and Human Rights Services, focusing the research on access to justice for all citizens with equality, through the state jurisdiction or suitable alternative means of resolution and conflict of interest. As well as to assert about the significance of access to justice, the research focused on the analysis of the influence of geographical distance from the district headquarters as one of the factors hindering the effective access to justice. For this purpose, we used bibliographical research - for doctrinal concepts of access to justice with equality and effectiveness, and on extrajudicial means of conflict resolution – and documentary research – on the quantitative process that began in Small Claims Courts of Districts of Porto Nacional/TO and Ponte Alta do Tocantins/TO. The research Verified that besides the population proportions , the number of process in which parts are jurisdictional residents in the Judicial District is much lower than the number of processes that are parties jurisdictional in the headquarters of Districts, it was concluded that the distance from the District headquarters works as obstacle to effective access to State jurisdiction. Therefore, alternative means of dispute settlement resolution are presented: autocomposition, mediation, conciliation and arbitration, with its main components. Suggested combination of state jurisdiction modes with other dispute resolution means and pacification of the parties have also been identified, in order to provide citizens with appropriate means of resolving conflicts of interest, with active participation of the parties and the community, and to promote more solid and lasting social peace
|
