From Ideal to Reality: Alternative Dispute Resolution and Its Implementation in Brazilian Supreme Courts

Abstract

With more than 200 million inhabitants, Brazil is one of the most populous countries in the world, but it also has one of the most congested judicial systems in the world. The data don’t deny it: the expressive volume of cases processed in the Brazilian legal system reflects a culture that has long associated access to justice exclusively with the traditional judicial route. However, this reality has revealed a fact: the state justice system is no longer the only way to resolve conflicts, and it is necessary to rethink the mechanisms for resolving disputes. This has paved the way for the strengthening of alternative methods of conflict resolution, which were initially seen as timid but now play an important role in conflict resolution. This Article then looks at the practical implementation of these methods in the Brazilian Supreme Courts, focusing on institutions such as the Superior Court of Justice, the Superior Labour Court, and the Federal Supreme Court, analyzing their regulations, institutional practices, and the results obtained. By showing how these mechanisms have been incorporated into forensic practice, the Article highlights the importance of adopting and constantly strengthening multi-door justice in Brazil, prioritizing dialogue and social pacification as pillars for a more efficient and harmonious system of access to justice.