A conciliação nas audiências em processos judicias de inventário

Abstract

This dissertation investigates the use of conciliation hearings as an instrument to enhance the effectiveness, efficiency, and promptness of probate proceedings within the Court of Justice of the State of Acre, Brazil. The central hypothesis is that conciliation, as provided for in the 2015 Brazilian Code of Civil Procedure, can significantly reduce the delays that typically characterize inheritance cases, which often remain pending for several years. The research is explanatory in nature and employs both qualitative and quantitative approaches, guided by deductive reasoning. Methodological procedures included bibliographic and documentary research, with analysis of legislation, specialized legal doctrine, and case law, as well as examination of data from the National Council of Justice (CNJ) and the Justice in Numbers program. In addition, an empirical analysis of probate cases pending before the Orphans and Probate Court of Rio Branco/AC was carried out to assess the effectiveness of conciliation hearings, the rate of agreements reached, and the main obstacles and best practices identified. The study generated several technical products: (i) the organization of a legal congress in the Juruá region, where the lecture Procedure for conducting conciliation hearings in probate proceedings was presented; (ii) the development of a Best Practices Handbook for Conciliation in Probate Proceedings, offering a practical protocol to guide judges, conciliators, and legal professionals in effectively conducting such hearings; and (iii) the publication of a scientific article aimed at the legal and academic community. Findings demonstrate that conciliation, when applied in a planned and institutionalized manner, particularly in specialized courts, directly contributes to reducing case duration. In Rio Branco, for instance, the average time to the first procedural closure in probate cases is 622 days, compared to the state average of 972 days and the national average of 1,449 days. Conversely, in non-specialized courts in the countryside that do not systematically adopt conciliation, such as Tarauacá, the average duration reaches 3,381 days. The study concludes that conciliation is an effective measure for promoting social pacification and ensuring judicial efficiency, while also reinforcing human dignity, strengthening the credibility of the judiciary, and optimizing public resources. The findings highlight the need for the dissemination and institutionalization of conciliation best practices in probate cases as a means of ensuring faster and higher-quality access to justice.