Advocacia consensual: uma análise das políticas estabelecidas pela OAB/Mossoró

Abstract

The alternative means of conflict resolution has gained considerable relevance in the national legal scenario due to the good results presented so far by its application in practical cases. Current legislative innovations demonstrate that this has been the path chosen by our legislators to resolve conflicts in our country. We have as main legislative sources about mediation and conciliation, Resolution 125 of the National Council of Justice, the Law of Mediation and the Code of Civil Procedure of 2015. All these normative instruments have given special emphasis to the consensual resolution of the litigation and determined that the agents involved in it seek self-composition. Because of this, the Brazilian Judiciary has turned to these methods, encouraging its application in order to promote the agreement before and during the judicial procedure. However, the promotion of policies to encourage the consensual resolution of conflicts is not the exclusive role of the Judiciary, and the support of other institutions is necessary to achieve the objectives established by law. The Brazilian Bar Association, as an institution that represents the class of lawyers in our country, is an important instrument in the propagation of these policies, which must find the support of the patrons to reflect positively in the life of its sponsors. Thus, it is of the utmost importance that we know what the OAB has been doing in the national legal scenario in order to encourage the use of mediation and conciliation by lawyers in Brazil, and thus comply with the legal provisions in force in our country.