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The main objective of this article is to relate the implementation of digital judgment to the territorial competence. Considering the effects that technology has had on today's habits, as well as the understanding that the study of law is understood within a social science, it is a fact that technological advances have provided changes in the legal environment. Thus, it is undeniable that currently the use of technology applications presents a very promising perspective for legal practice, being able to offer possibilities previously unimaginable. In this regard, the creation of limited territorial jurisdiction in favor of specialized digital courts would add a new option to access to justice. Furthermore, the structuring of a digital court would greatly contribute to jurisdictional provision, contributing to the functioning of the judiciary, from a qualitative and quantitative point of view.

This paper demonstrates that the Repetitive Claims Resolution Proceeding (IRDR) has provided a procedurally more auspicious technique for the resolution of mass claims regarding homogeneous individual rights than the article 81, item III of the Consumer Protection Code class actions were able to, for it affords economy of scale without violating litigants autonomy in mass adjudication. At the end, it argues that there is a mixed relationship between class actions and IRDR: a complementary one between both techniques for the protection of negative value claims, and a superiority one, favoring the latter, for the protection of positive value claims.

This article highlights the class action proceeding in Quebec, seeking to expose its main characteristics. The article initially explores the Canadian legal system and provincial legislative peculiarities. In addition to that, the paper explores the three major objectives of class actions: (i) judicial economy; (ii) maximizing access to justice; (iii) deter actual and potential wrongdoers from inflicting damage, especially small amounts of damage on a larger number of people (preventative objective). In sequence, such article specifies how the two-step class action procedure works, starting with the application for authorization, which is a preliminary request and a unique step in the province of Quebec that is meant to filter frivolous demands. Only once the authorization is granted may the case be heard collectively on the merits. The second step of the two-step procedure is an originating application that must be filed if the class action is authorized. Furthermore, this study deals with many relevant matters regarding the class actions in Canada (particularly Quebec), such as: (i) Right of Appeal; (ii) Res Judicata Effect – on absent members; (iii) Monetary Distributions and Types of Collective Recovery; (iv) Class Action Financing; (v) Possible Settlements; (vi) Multi-Provincial Class Proceedings and National Classes.

The information society has an intrinsic relationship with technology, which must be assimilated not only by individuals, but also by the State in its spheres of power, including the Judiciary. The purpose is to analyze the use of technology to achieve its main provision - the jurisdictional one - in favor of effective access to justice, through the implementation of digital means of conflict resolution, called ODR – Online Dispute Resolution. The deductive method is used to addessthe information society, the main aspects of access to justice and the means of conflict resolution to, in short, combine them with the use of technology.

The Brazilian Judiciary is facing an enormous numerical crisis, with an invincible procedural contingency, so that the legal community cannot turn its back on the benefits of artificial intelligence, however some care must be taken, ensuring, above all, advertising of judicial acts and transparency of algorithms, prior information to the citizen on the adoption of artificial intelligence in decision making, effective access to justice supported by the subjective right of access to judges and, above all, the right to review automated decisions without use of algorithmic mechanisms, so that the democratic pillars of the Brazilian republic are kept unscathed, especially due to the constitutional legal process.

The study presents the experience of the Consumer Defense Nucleus of the Public Defender’s Office of the State of Rio de Janeiro in the search for customized solutions to disputes resulting from major accidents affecting consumers, with the participation of the responsible companies and collaboration of various public and private actors, to construct consensual solutions based on identifying the real needs of the affected people. As seen, the guidelines observed in formulating consensual solutions give wide legitimacy to the method and assure the delivery of a rapid and effective response to the victims.

The present study aims to critically analyze the new concept of access to justice beyond courts, in order to assert the importance of due process of law in this specific matter. The study compares the concept of access to justice in the Brazilian Constitution of 1988, centered in the role of the courts, and in the Brazilian Civil Procedure Code of 2015, which promotes the idea of multidoor courthouses. Access to justice beyond courts must observe procedural guarantees and fundamental rights, with no place for setbacks. Owing to this, the study elaborates the concept of extrajudicial due process of law, assembling five elements, which will be studied in the article: a) impartiality and independence; b) external control; c) publicity; d) predictability of proceedings; e) contradictory.

This article investigates how the use of Online Dispute Resolution (ODR) platforms can offer agility, low cost and effectiveness for the resolution of disputes, and how they can offer legal safety to its users through necessary adjustment. ODR platforms enable faster resolution of conflicts than judicial process, due to the essentiality of technology as its means, with plaintiffs and defendants communicating asynchronously or synchronously, through text, audio and video, with the possibility of interactivity between litigants and conciliator, mediator or arbitrator. Its procedural method is hypothetical-deductive, with qualitative approach and bibliographic technique.

There is a relationship between justice, rational argument and deliberative democracy. Neoconstitutionalism and evaluative formalism demonstrate the importance of effective protection of fundamental rights. Definitive solutions should be prioritized as an instrument of access to the just legal order, with the presentation of plural arguments and the exercise of rational persuasion. The constitutional action of the mandamus aims to rule out possible illegal acts, making the probationary delay unfeasible. The case law of the TJPA was analyzed from the point of view of the recognition of valuation formalism and when possible procedural irregularities were found in the Writ of Mandamus. It was concluded on legal and philosophical foundations of dialogue for procedural advance in MS.

Brazilian 2015 Code of Civil Procedure bet on incentives to judicial settlements by setting clear rules for the preliminary hearing - which was placed right at the beginning of the proceedings and whose appointment is mandatory to the judge (art. 334). Nevertheless, its outcomes depend on how the rule will be practiced inside the judicial system. This paper provides data on frequencies and reasons invoked by decisions about preliminary hearings appointments in Lower Courts of the São Paulo State. Despite the clear rule, the hearing was barely scheduled, grounded on reasons that vary substantially.

This article analyzes the conducting vote handed down and the bench decision issued by Minister Luís Roberto Barroso, on the occasion of the judgment of Extraordinary Appeal No. 631.240 / MG by the Federal Supreme Court. The work is divided into three parts, the first being the previous application and administrative rejection as a condition of access to justice; then, reflections on the construction of precedents, taking into account the need to promote democratic procedural openness, the precise and adequate wording of the legal thesis and the modulation of its effects; and, finally, there are some aspects of legal pragmatism present in the vote under analysis.

The present paper about access of justice discusses the general rule of Brazilian Civil Procedure Law (2015), which establishes the duty of everyone to encourage the consensual solution of conflicts and, as such, investigates the possibility of conditioning the access to the Courts of a previous attempt to solve the conflict out of it, especially through online platforms as consumidor.gov.br

Third party funding may cause some impacts in civil procedures, impacts that are object of the present research. Analyzing the Brazilian legislation and foreign regulations, this research brings questions as: the possibility or impossibility of the funder influence the procedure acts of the part financed; if it’s allowed the judge sentences the funder directly; if there is a need of reveals the existence of funding; and if the funding causes increase of unfounded claims.

The article proposes a new focus in the interpretation of the access to justice clause aimed not only to an improvement in the judicial service quality but also as a result of the constitutional principle of solidarity. In this way, no one can be given the right to waste time or resources of others unjustifiably through misuse (but tacitly and day-to-day admitted use) of the judiciary. Concepts and ideas are adopted in the European Union and Colombia that there is no violation of the universal access to justice clause when a prior attempt at conciliation or mediation is required. Far from hampering access to justice, it serves to characterize and demonstrate a real justification for suing from now on exposed by the impossibility of resolving the conflict between plaintiff and defendant. At least, a brief interpretation of the justification for suing based on the doctrine of mandatory conciliation and mediation for the rational use of the judiciary machine is given.

This article aims to analyze frivolous litigation as a procedural phenomenon that generates partial unfeasibility of access to justice to those who really have serious claims. At first, we start from the conceptual and methodological premises of the economic analysis of law to present introductory notions of frivolous litigation. Next, we analyze the instability of jurisprudence and the abusive use of the litigation gratuitousness as factors that stimulate frivolous litigation. Finally, we examine some instruments created by the Code of Civil Procedure to inhibit this frivolous behavior.

The growth of the institutional activity of the Judiciary and the implementation of a consensus culture makes this article addresses the promotion of consensual means of civil procedure based on Resolution nº 125/2010/CNJ and CPC/2015, discussing the necessary counterpoint between the culture of the sentence and the culture of consensus. It is also sought to determine if changes in procedure are instruments for implementing the fundamental right to Access to Justice, because the institutes of mediation and conciliation are not only solutions to the crisis of justice, but also means of restoring social peace.

This article aims to draw some reflections regarding the relevance of mediation as an instrument of access to justice, from the perspective of the CCP 2015. Using the deductive model, the study is justified in the face of the need for procedural rules to meet the fundamental rights perspective. With this research, it is possible to realize the mediation institute's ability to settle conflicts, especially because it provides the parties, with the help of a neutral and impartial third party, a cooperative environment, with the possibility of reflecting, re-establishing dialogue and construct a collective solution to the problem experienced.

The article consists of the analysis of the fundamental right of access to justice and the effectiveness of family mediation, in the CEJUSC of Uberlândia, from July 2016 to May 2018. Therefore, it is intended to investigate the following problem: Is this organ efficient in access to justice through family mediation? Statistical data show an increase in the number of agreements in mediations in this period, which indicates that the fundamental right to access to justice has been guaranteed. The research uses the method of inductive approach, structuralist, functionalist and statistical procedure and the technique of indirect and direct documentation.

The purpose of this article is to present a critical-propositional analysis of the collective actions system addressed at judicial control over public policies, especially based on the limitations found in the current model, which makes it insufficient to deal with the current complex reality. This reality, by the way, is characterized by the expansion of society's demands for access to fundamental rights and the consequent increase in the number of disputes brought before the judiciary to guarantee the realization of those rights. The proposed analysis will be based essentially on a study of procedural law, with due dialogue with other fields of knowledge, such as human rights, constitutional law, administrative law, political science, law sociology, in order to point out possible ways to overcoming the limits.

The present study aims to analyse the performance of notary public as mediators, according to the Brazilian Federal Rule 13.140/2018, the Brazilian Code of Civil Procedure of 2015, the Provision 67/2018 CNJ and the Recommendation 28/2018 CNJ. Considering, on one hand, the recent bet made by Brazilian legislator on the alternative dispute resolutions and, on the other hand, the deficit of mediators in Brazil, the article intends to identify the challenges to the adequate development of mediation conducted by notary public and try to offer means to overcome those challenges. It will also study how some subject and material aspects related to the notary public‟s work may contribute to reach efficiency in mediation.

The present article aims to analyze the international jurisdiction as a new border of access to justice nowadays, able to provide the necessary means to guarantee the observance of rights discussed in international conflicts. The article also studies the mecanisms of international judicial cooperation in the Brazilian Civil Procedure Code of 2015, in order to verify how Brazilian legislators tried to rule the theme in the recent codification.

This article aims to analyze the institution of the "usucapião extrajudicial", a CPC/2015 innovation inserted in the trend of lessening of jurisdiction, as a mechanism for access to justice. Article 216-A of the Law 6.015/73 is evaluated, starting with its express requirements and procedure, but also the doubts left by the legal voids and the administrative responses given, up to the moment, by the provisions of the Courts of Justice. Finally, questions are answered regarding the intertemporal issues arising from the novelty.

This paper aims to provide an overview of international jurisdiction rules when it comes to intellectual property. Moreover, it provides an analysis of whether access to justice is guaranteed in international conflicts related to intellectual property. Firstly, the concept of international jurisdiction and its related principles are defined. Secondly, an explanation of the intellectual property rights is done in order to introduce the analysis of how international instruments regulate these conflicts. International and national case law are also analyzed. Lastly, it is concluded that legal uncertainty in this field can be itself an obstacle to access to justice.