O plano ideal e o plano real da audiência de conciliação prevista pela lei 9.099/1995: uma análise de audiências assistidas no Juizado Especial Cível da Comarca de Santa Maria/RS

Abstract

Conciliation is the main goal to be reached in the pending proceedings in the Special Courts established by Law 9.099/1995. To replace the adversarial model, the traditional judicial process base, this legal commitment bid on the consensual conflict treatment model through the conciliation, choosing it as one of the main principles and accepting the conciliation audience as a conductive place to attempt this achievement. However, it is known that the simply publication of a law does not guarantee that its principles and rules are actually incorporated and applied by the law enforcement officers. For these reasons, this work aims to trace the contours of what should be done on conciliations audiences scheduled by Law 9.099/1995, and also aims to investigate the way that these ceremonies are developing in practice, from the empirical observation of some of these audiences on Santa Maria‟s/RS Special Civil Court. Therefore, it is performed first a theoretical discussion and then a qualitative analysis of prints collected by the researcher on his field diary. It was concluded that the assisted audiences are far away to reach the expectations of Law 9.099/1995, representing in most of the cases, only a formal compliance of a legal determination.