The Performance of Notaries in Methods of Extrajudicial Arbitration Dispute Settlement and Mediation to Guarantee of Human Dignity

Abstract

Globalization has broken barriers and has given rise to a lot of interpersonal relationships, mostly ephemeral. In our times, everything happens faster in the world, which creates conflicts that need to be resolved swiftly. However, the current model of conflict resolution and the judiciary structure are insufficient to meet the growing number of conflicts and thus started a process of reducing judicial involvement demands with the publication of numerous laws that have created alternative methods of conflict resolution, including mediation and arbitration, which had good results in European countries. In Brazil these alternative methods are struggling because they are underutilized and lack credibility among the population. It would be of great value the use of capillarity of notarial services, which are present in almost all Brazilian municipalities, and the structure, legal expertise, reliability and public trust that they are endowed notaries notes. Despite the preparation of these professionals of law and the immeasurable contribution to the guarantee of human dignity through rapid conflict resolutions with a good advice of the parties and legal certainty there is still no specific legislation authorizing them to act in this harvest and nor is consensus among scholars of law their participation in mediation and arbitration. A new paradigm must be broken so that notaries can be seen as strong employees of the judiciary and guarantors of fundamental rights for creating a free, just and solidary.