O oficial de justiça como agente facilitador à autocomposição no poder Judiciário do Sistema de Justiça: um estudo da aplicabilidade do art. 154, VI, CPC na Central de Mandados da Comarca da Ilha de São Luís (CENMAN)

Abstract

Article 154, VI, of the 2015 Brazilian Code of Civil Procedure (CPC) introduced, among other innovations, one related to conflict resolution: the Judicial Officer's active and facilitating role in resolving a dispute. This is achieved by including settlement proposals, when offered by one or both parties, in their official reports. In light of this, the central research problem emerged: has the norm contained in Article 154, VI, of the CPC/2015 been applied in the Mandate Center of the Judicial District of São Luís Island (CENMAN)? Therefore, the study's objective was to analyze the implementation of Article 154, VI, of the CPC/2015 by the Judicial Officers of CENMAN and the factors that might be related to the non-application of the aforementioned norm. Information was obtained by applying a questionnaire to 87 male and female Judicial Officers regarding their personal profile, their professional profile, and their knowledge and application of Article 154, II of the CPC/2015. Regarding the hypothesis raised: The Judicial Officers of CENMAN are not exercising their function of certifying or encouraging settlement proposals issued by the parties, due to a lack of knowledge about the correct application of the norm and the absence of incentives and conditions for its execution. Despite the favorable result regarding the proactive performance of Judicial Officers, the minority regularly certifies settlement proposals, mainly due to a lack of training/qualification and work overload. The research is linked to the Postgraduate Program in Law and Institutions of the Justice System at the Federal University of Maranhão.