La conciliation et les moyens alternatifs de résolution des conflits sous l’empire Brésilien

Abstract

Reconcilement is an alternativemode of conflict resolutionwith a long history in the Brazilian judicial system. Although it was already known in colonial times, it only gained similar aspects to the present institute after the country’s Independence, when it became a mandatory proceeding, carried out by the justices of the peace, whose office was then recently established. This article analyzes the legislative creation and functioning of this institution in Brazil during the nineteenth century, with the aim of characterizing its relevance for the efficiency of Brazilian Justice. In order to achieve this goal, several sources were used: the annals of parliament, legal doctrine, newspapers, literary texts, official reports and other documents, in addition to the legislation. We concluded that, during the Empire, conciliation was responsible for a great reduction in the number of legal processes pursued in Brazil at that time, with settlement agreement rates that often surpassed fifty percent.