PRAZO PROCESSUAL PARA REALIZAÇÃO DA AUDIÊNCIA DE CONCILIAÇÃO E MEDIAÇÃO PREVISTO NO ART. 334, §2°, DO CPC/2015: UMA ANÁLISE SOB A ÓTICA DOS PRINCÍPIOS FORMALISMO CONSTITUCIONAL DEMOCRÁTICO, DA COOPERAÇÃO E ACESSO À JUSTIÇA

Abstract

The art. 334, § 2, of CPC / 2015, establishes that there may be more than one session for conciliation and mediation, provided that it does not exceed two (2) months from the date of the first session. The present research has as central problem the following question: the term established in art. 334, §2, of the CPC / 2015 is preclusive or can it admit delay? As a general objective, it was decided to analyze the possibility of delaying this period from the point of view of the principles of democratic constitutional formalism, cooperation and access to justice. In order to reach the proposed goal, the deductive method was used, characterizing the research as being of the exploratory type with qualitative analysis of the data obtained in scientific articles and legal works available in physical or electronic medium. At the end, it is concluded that the term established in art. 334, §2, of the CPC / 2015 can be extended, since in contemporary procedural law an overcoming of immoderate formalism is sought, through the application of constitutional procedural principles, such as access to justice and cooperation, in view of the search for pacification social and the improvement of the legal system for greater effectiveness and guarantee in the provision of just and effective judicial protection.