This paper is linked to the use of alternative means of conflict resolution, as
appropriate mechanisms for the implementation in notaries office. Due to a
constitutional imperative, it is Judiciary’s assignment to assess any threat or damage
of law, guaranteeing the court not only the possibility to sue in court, but also
ensuring effective means of access to justice. This theme is discussed in the light of
the access to justice waves of Cappelletti and Garth, each associating the role
played by other judicial institutions. Therefore, the Federal Constitution of 1988,
popularly known as the Citizen Constitution, inaugurated a scenario of new rights and
the improvement of mechanisms for accessing justice, triggering collaterally a culture
of judicialization. Currently, more than 70 million cases are processed in the Brazilian
Judiciary, and according to projections of the National Justice Council (CNJ), this
number tends to increase progressively, causing a congested procedural stock. As a
solution to reverse this situation, the CNJ elaborated Resolution 125 of 2010, which
regulates the National Judicial Policy for the adequate treatment of conflicts of
interest within the Judiciary, fostering the culture of self-composition of conflicts
through conciliation and mediation, including implementing CEJUSCs in the judicial
district. However, the deployment of such units does not demonstrate being sufficient
to provide a broad access to alternative means of conflict resolution, since they are
present in only 15 of the 42 districts of State of Tocantins. About this problem, the
study on the use of notaries office as environments for conciliation and mediation
procedures is developed, since they have sufficient attributes for the performance of
such practices, have their activities audited by the Judiciary, and are located in most
municipalities of state of Tocantins.
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