Alternative solution of conflicts: rent a judge as access to justice and effectiveness of fundamental rights

Abstract

This article aims at analyzing the alternative technique of conflict resolution little known in Brazil, the so - called Rent a Judge, which originated in California in the United States
and was founded by three lawyers working in a complex case against a medical practice. The technique innovated the North American
conflict resolution system bringing more agility and procedural economy to the resolutions of the lids. The article, through its methodology of bibliographic and documentary research, after its introduction, begins with a chapter demonstrating how access to justice became a fundamental right and how it was installed in the Brazilian legal system. It then presents three models of alternative forms of conflict resolution in Brazil, exposing their characteristics and advantages and, verifying in what way, the legal order appropriates these techniques. In the last chapter, the American method denoted Rent a Judge, from its inception to its specificities, will be analyzed, demonstrating its pacifying way of solving internal disputes as an instrument of access to justice and enforcer of fundamental rights.