PROCESSING EFFECTIVENESS VERSUS "CONCILIAR LA LEGAL" PROJECT ESTABLISHED BY THE NATIONAL COUNCIL OF JUSTICE

Abstract

This article analyzes the principle of procedural effectiveness in light of the FederalConstitution of 1988 and the policy undertaken by the National Council of Justice (CNJ) in the"Conciliar is Legal" movement. We considered the studies of the country's doctrine and thejurisprudence of the Supreme Court to reflect on the norms underlying the principle of proceduraleffectiveness, namely non-exhaustiveness of jurisdiction, procedural speed and due process of law. Theconciliation, as an autocompositive means of solving disputes, deserved special mention. The CNJoften disseminated in the mainstream media, the national campaign of conciliation in an effort tocircumvent procedural delays. However, institutional propaganda did not reveal the purposes of suchan undertaking. The structure, functions and legitimacy of the National Council of Justice wereanalyzed in this order of considerations, having as normative substrate the Constitutional Amendment45/2004. It was especially reflected on the contradiction between the "Conciliar is Legal" movementand the right to the effectiveness of the process. Consideration was given to the statistics prepared bythe CNJ itself, when the idea ofa "demand culture", a habitual demander and "eventual demander" wasappreciated. In short, this article intends to subsidize the consideration of a reputed topic of significantrelevance to legal science.