'SOMEDAY, PERHAPS, IF SO...' - FREQUENCY AND REASONS FOR NOT SCHEDULING PRELIMINARY HEARINGS AT SAO PAULO STATE LOWER COURTS

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.