Humanização do direito civil e função social dos contratos de moradia: entre a conciliação e o risco continuado

Abstract

This paper aims to analyze the questions about the right to housing and housing demands under the humanized view of conciliation. This humanization seeks to advance studies on Constitutional Civil Law, since this methodology became insufficient in view of the necessary overcoming of the old institutes of private law, needing to take a step further and humanizing in fact. In the face of a significant number of housing demands, it is questioned how the conciliation can help to unburden the Judiciary in a humanized way. The case study will be based on the research carried out at the Judicial Center for the Consensual Solution of Conflicts and Citizenship - CEJUSC, Federal Justice of Pernambuco, bringing the author's experience as a voluntary conciliator at CEJUSC of the Federal Court of Paraíba. The hypothesis of the research brings the conciliation as a more beneficial way of solving the housing demands than the risk of continuing in the process, awaiting the sentence of the magistrate. These questions will be answered based on the inductive, comparative and empirical methodological aspects, requiring direct and indirect documentary techniques. It concludes, therefore, by the survey of problematization around the necessary humanization of the right when the resolution of housing demands through conciliation.