Recognising obstacles to effective access to justice

This article seeks to understand the main obstacles that prevent a greater number of conciliations in the Special Federal Courts, and whether they can be overcome. The aim is to elucidate some of the changes needed to make greater consensual conflict resolution possible, as a way of offering qualified access to the legal system and encouraging a culture of consensuality, while also helping to reveal some of the challenges that lie ahead for the future of traditional civil procedure. It is well known that the discussion of the issue in question is not unprecedented, but it remains necessary in order to achieve better and easier access to justice, as initially proposed by the Law on Special Federal Courts and now by the New Code of Civil Procedure.