Access to justice in Brazil

consensual justice between democratization and institutional limits

Abstract

This article examines the role of the Centers for Conflict Resolution and Citizenship (CEJUSCs) within the framework of the Brazilian National Judicial Policy for the Adequate Treatment of Conflicts, established by Resolution No. 125/2010 of the National Council of Justice, with particular attention to their contribution to expanding access to justice in Brazil. It is grounded on the assumption that CEJUSCs play a relevant role in diversifying dispute resolution mechanisms by fostering consensual practices and promoting a pluralistic model of justice. The study adopts a qualitative approach and a deductive method, based on normative, bibliographic, and institutional analysis. Its central research problem is to assess to what extent the performance of CEJUSCs, although oriented toward the democratization of access to justice, may also be shaped by institutional dynamics aimed at managing litigation. The findings suggest that CEJUSCs contribute to broadening access to justice by reducing economic, technical, and symbolic barriers, while encouraging active participation by the parties. However, their effectiveness remains contingent upon the concrete conditions of their implementation. The article concludes that the full realization of their democratizing potential requires a critical understanding of their institutional design, with particular emphasis on procedural quality, the protection of vulnerable parties, and the pursuit of substantively fair outcomes.