O impacto do desempenho do advogado na promoção da consensualidade no judiciário brasileiro

Abstract

This study is based on the observation that the Brazilian legal system has historically been marked by a culture of litigation, characterized by excessive judicialization and the belief that conflict resolution can only be achieved through decisions imposed by the State. In view of this, the general objective of this study is to analyze the impact of lawyers' roles in promoting consensuality in the Brazilian Judiciary, identifying the challenges that hinder this change and the economic benefits resulting from reducing the culture of litigation. The methodology adopted was a literature review, based on doctrinal works, scientific articles and official documents, obtained from databases such as Google Scholar and SciELO. The research shows that lawyers' practices focused on consensus offer significant benefits to the justice system, such as procedural speed, cost reduction, strengthening of legal certainty and humanization of procedural relations. In addition, it highlights the need for a cultural and structural change, both in legal training and in the daily work of professionals. It is concluded that consensual advocacy is a promising path to the implementation of a more efficient, accessible Judiciary oriented toward social pacification. This study reinforces that the lawyer is not only a defender of rights, but also a builder of solutions and a facilitator of social pacification. Their role in promoting consensuality is crucial for a more efficient Judiciary, less congested and more accessible to the population. Transforming this scenario requires joint efforts, including institutional, academic and cultural changes, but the positive impacts fully justify this restructuring.