NATURAL RIGHTS AND CONFLICT RESOLUTION: THE POSSIBILITIES OF SELF-COMPLIANCE BEFORE THE NEW CIVIL PROCEDURE CODE

Abstract

Conflicts stemming from natural rights are susceptible to self- determination? Self-composition enables the protection of natural rights, whether posi- tive or not. Disputes are as old as humanity, its resolution in a technical way, as through process, arbitration, conciliation and mediation, is younger. Natural rights are at the origin and solution of any conflict and can be protected by self-determination and, among the possibilities, in addition to the judicial process, mediation and conciliation should be encouraged. The data released by the CNJ, in the Justice Report in Numbers 2016, are stimulating and worrying. They indicate 27 million new cases reached the Judiciary and that these new cases were added to the 74 million that were not closed the previous year. In 2016, in State, Federal and Labor courts, 274,183 hearings were held, and 130,022 agreements were approved, equivalent to 47.42%, which totaled R$ 1,272,993, 341.86. For the first time, the CNJ released the number of cases resolved by  agreement, in mediations or conciliations. The average index was 11%, and the total number was 27.2 million cases terminated by homologatory sentences. Despite the good results, there are still issues that doctrine and jurisprudence will still need to position themselves, as is the case with regard to the conciliation and mediation hearing. The self-composition, along with the civil process, to be a reality, must be stimulated and its agents trained.