The proposed study aims to analyze the excessive instrumentalism of Brazilian judicial power, its crisis and the consequent loss of its credibility, as it is perceived the necessity to establish goals and objectives, through public policies, for organization adjusted to the demands, reinforcing the ideas of a continuous process of innovation and adaptation of the State. Besides, it is observed that access to justice must be taken as an effective principle for democratization and elimination of social inequalities and injustices.Nowadays, there are plentiful alternative methods to approaching conflicts, since satisfactory solutions originating from the State have been absent, when dealing with the subject. It is hence directly related to the Public Policies for Social Inclusion research line of the Master’s Degree in Law at UNISC, since it studies the necessity for implementing democratic public policies of access to justice, as the example developed in the city of Passo Fundo-RS. Considering that the government is not the only organism which is capable to promote public policies, is it possible to conceive the community as the mechanism which produces social participation in decision-making? Is communitarian mediation able to facilitate this participation? Does it allow the re-appropriation of the conflict amongst its parts and the construction of more adequate solutions to it? Does it show itself as a democratic form of access to justice? The present dissertation has been based on these questions. Consequently, the hypothetical-deductive method and the technic of bibliographical research have been used, besides statistical.

Dhieimy Quelem Waltrich

Bacharel em Direito pela Faculdade Meridional – IMED, com ênfase em Direitos Humanos, Mestre em Direito na linha de pesquisa em Políticas Públicas e Inclusão Social, pela Universidade de Santa Cruz do Sul – UNISC. Autora da obra “Um retrato da Lei Maria da Penha no interior do estado do Rio Grande do Sul: Passo Fundo, Carazinho, Marau e Getúlio Vargas", publicado pela editora IMED. Professora do Curso de Direito da Universidade Regional do Noroeste do Estado do Rio Grande do Sul- UNIJUÍ. Advogada. E-mail: dhieimy@yahoo.com.br