Disjudicialization and alternative dispute resolution under the post-positivism aegis

Abstract

Given the scenario of disjudicialization that has gained prominence from the widening conception of access to justice, under a post-positivist doctrine, it is of great importance to analyze the mechanisms that can effectively provide access to a justice. The complexity and massification of today’s society demands a speedy and effective judicial response, which should guarantee access to justice, even though it has not been properly guaranteed given the fact that the Brazilian judicial system is at most times chaotic. Hence, the alternative forms of conflict resolution, promoted by the disjudicialization movement. This represents a significant advance, as it can lead to legislative changes that promotes private autonomy and the dignity of the human person.