AN ANALYSIS ON THE REFLEXES OF THE SIGNATURE (OR NOT) OF THE CONDUCT ADJUSTMENT IN THE CONTEXT OF ACCESS TO JUSTICE

Abstract

The present study deals with the impact of the signature of the Conduct Adjustment Agreement (TAC in portuguese) and the consequences for the non-implementation of the pact for the effective implementation of the principle of access to justice. It seeks to answer what the TAC represents for Access to Justice and the effects of not signing the term by one of the parties involved. This research is, inexorably, the discussion about the nature and scope of the TAC, as well as the definition of the current concept of access to justice. Starting from a literature search, we analyzed some aspects discussed by the doctrine, as well as legislation, with emphasis to the Code of Civil Procedure of 2015 in which relates to the theme, as well as Resolution nº 125 of the National Council of Justice and the Law of Public Civil Action (nº 7.347/85). It is believed that the Conduct Adjustment Agreement, while informal means, inexpensive, consensual and potentially effective (enforceable), both when signed as it constitutes an important instrument of collective efficacy to the tutelage and, thus, with respect to access to justice, since waking up (or not) a TAC can mean the exercise of legitimate right to understand that the terms proposed (or absence of) represent the best solution for the committed, providing protection of the rights and collective interests in question.