the (re)birth of the justice of the peace

8/12/2019 The (Re)Birth of the Justice of the Peace

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The (Re)birth of the Justice of the Peace:Democratic or Technocratic Justice Reform?The Experiences of Italy, Spain, Brazil and Portugal

Joo Pedroso*

Catarina Trinco *

In most countries, judicial systems are undergoing crises and reforms. An impor-

tant trend of such reforms is the informalization of justice and the resort to alterna-

tive dispute resolution mechanisms. One of the institutional innovations widely

used in Latin America and Europe is the construction or reconstruction of systems

of so-called systems justices of the peace, in which adjudicative functions are

entrusted to lay judges. In this paper, we comparatively analyze these systems as

they have been established in Brazil, Portugal, Spain and Italy. We inquire into

whether they simply entail a technocratic, administrative adjustment aimed to del-

egate small-claims cases to lower courts, or whether they also have democratic

potential and facilitate access to justice for the majority of citizens.

CRISES AND REFORMS IN THE ADMINISTRATION OF JUSTICE

Since the early 1990S we have witnessed a crisis of justice, in which the defense of citizen rights hasnot prevailed, but rather the colonization of such rights through debt collection both in civil (in

declarative and executive processes) as well as in criminal jurisdictions (bottomless checks). In ur-

ban areas, this process is accompanied by an increase in violence, generally linked to theft androbbery relating to drug consumption. While there has been a certain protagonism on the part ofthe courts (regarding crimes of people with power), at the same time their efforts are suffocated

and trivialized by the explosion of routine litigation and by a lack of sufficient resources to respondto this increase in demand (Santos et al. 1996; Pedroso 2000).

The courts, particularly those in Italy, France, Portugal and Spain, have been harshly criticizedfor their lack of efficiency, their inaccessibility, slowness, costs, lack of responsibility and transpar-

ency, corporate privileges, the enormous number of preventative imprisonments, and the incompe-tence of their investigations, among other reasons. In studies on the use of courts in Portugal (Santos

et al. 1996), in Colombia (Santos and Garca 2002) and in Mozambique (Santos and Trindade 2003),a very revealing image has emerged of the great distance and mistrust that citizens have towards

the judicial system, and of the low level of satisfaction in situations involving legal processes (Santoset al. 1996).

This situation of breakdown is common to most countries and is essentially based on anexplosive increase in the use of courts by corporations which frequently sue citizen consumers for

failing to pay for goods and services. In order to avoid the breakdown of the judicial system,different governments have promoted a multitude of reforms, mainly of the administration of jus-

tice and of civil justice. In this way, in recent years the reforms to the administration of justice in theperipheral countries have been balanced between indifference and the increasing interest of inter-

* Center for Social Studies of the Department of Economics, University of Coimbra.

ILSA - Instituto Latinoamericano de Servicios Legales Alternativos. http:/www./ilsa.org.co/


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forms, which demonstrates the lack of a clear model for the justice of the peacewhich has devel-oped unevenly, with different aspects emphasized at points in time; aspects such as the creation of

the figure of the justice of the peacewhich is separate and distinct from the president of the con-gress, the designation and appointment of the judge of the peace, the capacity and attitude of

judges of the peace with regard to their legal formation and the determination of their powers.The 1985 Organic Law on Judicial Power (OLJP) made possible the total restructuring of

judicial bodies on the national and municipal level. Among the main modifications, it is important tomention the elimination of the district courts and transferal of all of their powers to the magistrates

courts and to the peace tribunals. In the text [of the law], the legislature establishes that, in themunicipalities that lack a magistrates or appeals court, there should be a peace tribunal with juris-

diction in that province.The appointment of, and requirements for, the position of justice of the peace generate much

controversy. According to the OLJP, the judges of the peace are appointed for a period of four yearsby the corresponding government office of the Supreme Court of Justice, and the appointment is

made by those persons elected by the local town council, by an absolute majority vote by the mem-bers of the full council who meet the legal qualifications and wish to vote. In the event that there are

no candidates, the full council will freely select [candidates].

The requirements for a titular or substitute justice of the peace are the following: to fulfill therequirements for entry into a judicial career (to be a Spanish citizen of legal age), except for therequirement of being licensed in the practice of law, and to be capable of fulfilling all judicial func-

tions with no conflict of interest, with the exception of being able to hold a commercial position.They are laynot professionaljudges, who carry out judicial duties without belonging to the

legal profession, although in exercising such duties they find themselves subject to the legalprofessions regime of incompatibilities and prohibitions.

The law further provides that, before a case is tried, it may be submitted to the competentmagistrates court or peace tribunal for reconciliation, as these are the only entities with the capac-

ity to see cases of reconciliation. With regard to the value awarded in a case, magistrates are able toaward damages of up to C= * *500, and the judges of the peace, up to approximately C= 50. The process

begins with the presentation of the application, which should not be written by a lawyer, since theseprocesses do not demand their services (Lpez 1998: 29-31).

In criminal cases, they have authority to see matters relating to crimes involving threats,coercion, slander, counterfeiting, cruelty to animals, disturbing the peace, disobeying an officer,

criminal negligence or delegation, and other crimes, as stipulated by the 1995 Criminal ProceduresLaw.

One of the most important tasks carried out by justices of the peace at this point in time is thatof judicial assistance, which consists in cooperation among the various legal bodies. The General

Council of the Judicial Power provided instructions with regard to the way in which this helpshould be carried out. It establishes that it should be restricted to the least complicated proceed-

ings, such as notifications, citations, and general acts of communication, thereby seeking to avoidsuch cooperation in more complicated or weighty matters such as seizures, expulsion, or dismissal

from employment (Lpez 1998: 38-39).

THE WHITE BOOK OF JUSTICE: BLIND SPOTS AND NEEDS

FOR REFORM OF THE JUSTICE OF THE PEACE IN SPAIN

One of the chapters of the1997 White Book of Justice, from the General Council of the Judicial Power,refers to the justice of the peace. As mentioned above, the current regulation for justices of the peace

** C=: Euros.



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is based on the following criteria: the existence of a court in each municipality, except for those thathave an examining magistrate; consideration of the lay practitioner of law as a judge (although it is

possible for someone who is licensed in law to be appointed to this position); designation andappointment of the justices of the peace by the town councils, temporary appointment, limited

authority; dependency on the town councils regarding personal and material matters (except in thepeace tribunals serving a population of more than 7,000 inhabitants), and the provision of a system

of organization based on the possibility of establishing secretaries to the peace tribunals, to beregulated by Royal Decree 257/1993, of February 19.

From the above, the following scenario becomes clear: the lack of professionalization of thoseheading the peace tribunals; the coexistence of professionals and non-professionals among the sup-

port staff; submission to organizational criteria of decisions that previously had been very open(such as the composition of secretarial appointments), and economic poverty that is only partially

attenuated by the congressional subsidies provided under Law 38/1992, of December 29 (whichvary between C= 300 for municipalities with a population of less than 500 residents and C= 2.500 for

municipalities with more than 7.000 residents).1 As Alejandro Lpez observed in his empirical study,the peace tribunals in small communitieswhich are headed by lay judges and linked to each other

through a common secretariatdo not even have a desk to attend to people who seek their collabo-

ration. In more populated areas, there are judges who dedicate much of their time to the issuesbefore the tribunal and who have a solid knowledge of the laws, which allows them to adequatelyfulfill their duties. Nonetheless, in the eyes of the law, these two types of judges and tribunals

operate at the same level (Lpez 1998: 73).Hence, there are a large number of jurisdictional units with only limited powers that are

unable to provide an adequate response to the demand. We must distinguish between two types ofpeace tribunals: the small town version (in which the justice of the peace assumes the title honor-

ific under the Organic Law of Judicial Power), and the version for larger populations, in which thejustice of the peace fulfills a relevant jurisdictional role and processes many cases of legal assistance.

However, in populations of less than 7,000 residents, the designation of a suitable person by thetown council constitutes one of the greatest problems facing these tribunals, especially in the case of

the [court] secretaries. This is because the secretariats of these peace tribunals are occupied bycongressional secretaries who, in many cases, totally and permanently paralyze the office. This is

what leads Alejandro Lpez to consider it necessary to staff the tribunals with functionaries whoare at the service of the administration of justice.

There is a latent controversy surrounding the appointment of justices of the peace, which hasto do with the eventual politicization of the institution due to the discretion of the town councils in

selecting the justice of the peace. This discretion could easily allow for the possibility that a towncouncil would refuse to renew a justices mandate, without having to give any justification for its

action (Giraldo 1998: 34).In general terms, the justices of the peace appear to lack both formal training and technical

preparation, especially among those who do not belong to a secretarial association of peace tribu-nals. They are capable people designated by their town councils, but they are not career functionar-

ies. The lack of material resources also creates problems which lead to an excessive lag in proceed-ings or, whats worse, to proceedings being carried out without attention to the necessary legal

guidelines. These circumstances have already precipitated some meetings of the General Council ofthe Judicial Power regarding the need for justices of the peace to comply with certain proceedings.

The 2000 Civil Procedures Law (Ley de Enjuiciamiento Civil de 2000) shows the legislatures attemptto limit the tribunals actions to the simplest proceedings. The fact that the justices of the peace lack

1 These amounts are not distributed to the Autonomous Communities of Catalua, Basque Country,

Galicia, Valencia and Canar ias; thus, in order for these communities to assume authority in the

administration of justice, they must establish their own quantitative criteria.



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familiarity with the law means that most of the work is relegated to judicial functionaries, which isa source of criticism (Lpez 1998: 59).

In spite of all of this, the peace tribunals are very important for the magistrates courts, asthey provide an important support in the functioning of the administration of justice. If the tribu-

nals relied on staff who were at the service of the administration of justice, their intervention inmatters of judicial assistance would not only be greater but, more importantly, more efficient and

with more guarantees.Moreover, the White Book of Justiceproves that the high number of peace tribunals produces

serious difficulties for the functioning of the supreme courts of justice (some jurisdictions, suchCastilla and Len, have 2,000 peace tribunals, which are charged with initiating and following 4,000

processes per year). Other limitations that have been highlighted are due to: the fact that the legalfunctionaries who lend their services to the peace tribunals are to be paid at the same rate as all

other functionaries; a lack of funds or materialsa situation which cannot be resolved by the towncouncils, given their budget limitations, and their eventual abolition, given their low productivity

and efficiency and the increase in their duties. In the event that [the tribunals] are in fact abolished,it will become vital to reinforce the magistrates courts.

In Spain, the peace tribunals are in need of urgent reform. There are many opinions [on the

type of reform], ranging from the abolition of the institution to its professionalization and theextension of its duties, and even the popular election of the judge (Lpez 1998: 74).

According to the aforementioned White Book of Justice, we can no longer imagine lay judges as

men of good faith who work ad honorem in their free time. Rather, we must think of an educatedjudge who has the legal tools which allow him to carry out the duties of his office with dignity and

without having to depend on any other functionary, and who is fully integrated into the judicialcareer (Lpez 1998: 77). Moreover, it is understood that if the justice of the peace were a licensed

legal practitioner, he or she could undertake greater responsibility and more efficiently develop thedemands for legal support placed on him or her.

THE HONORARY MAGISTRATE: THE JUSTICES OF THE PEACE IN ITALY

In Italy, the figure of the justice of the peace was instituted by Law 374, of November 21, 1991. InJanuary 1993 the first justices of the peace started to work, with the objective of providing citizens

with rapid resolutions of low-level civil and criminal conflicts, as an attempt to create a more imme-diate and concrete brand of justice. Law 468 of November 24, 1999, increased their authority in

criminal cases.

The justices of the peace were supposed to replace the reconciliation judges and, according to

the proposal of the Minister of Justice, Giovanni Maria Flick, they were also supposed to take theplace of the praetors, in that they would have the authority to oversee civil and criminal cases

(Vallini 1996; Citt di Desenzano del Garda 2001). The justice of the peace is not a professional orcareer judge, but rather an honorary magistrate. She or he does not have a career like that of a

robed judge, but is rather selected among people with special qualifications that are supposed toguaranteeif not a specific background in legal practiceat least a basic familiarity with the law

and with the problems facing the administration of justice, in order to fulfill his or her duties for aperiod of four years. The appointment is made by the President, after deliberation by the Supreme

Council of the Magistrature. The justice of the peace should have not only theoretical, but alsopractical experience in legal affairs. The position is evocative of that of a mediator, as the point of

the position does not lie in the simple application of legal norms, but rather in achieving an agree-ment that both parties consider satisfactory.

The requirements for being a justice of the peace are the following: he or she must be anItalian citizen in possession of all civil and political rights; speak Italian, be licensed in the practice of



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law, have no prior conviction for any crime, be physically and psychologically fit, be a resident ofone of the jurisdictions in which a peace tribunal already exists or will soon exist, be between 30 and

70 years old, not have any other paid position, whether public or private, and have passed anadmissions exam into the forensic profession. People who carry out notarial functions, who direct

secretariats or are university law professors, are exempt from this exam (Rete Civica 1998).

The Italian legal ruling precipitated a progressive increase in the number of non-professional

magistrates, starting in 2000. In April 2001, there were 9,376 honorary magistrates, whereas therewere only slightly more than 8,000 professional judges.2 Recently, the legislative decree that in-

structed the institution of a first level judge, introduced the figure of the honorary court judge,turning to the legislation used for the justices of the peace, leading to the conclusion that the expe-

rience of the justice of the peace could extend to all of the honorary magistrate positions.

The social importance of the functions of the justice of the peace can be observed in the num-

ber of ordinary procedures they have processed.3 In Italy, on average, 1 out of every 75 residentstake their cases to the justice of the peace, of which 1 out of every 231 seek them out for ordinary

reasons and 1 out of every 110 for special procedures (Vallini 1996). The average duration of eachprocedure is 124 days, which is one-tenth the time it takes in a court.

The justices of the peace are an instrument for the realization of a diverse, everyday form ofjustice. The justice of the peace is often characterized as a judge of reasonableness or reconciliation,

but for now, the latter of these is only a secondary function. At the bottom of the creation of thisposition is an effort to free up the channels of civil justice through a simple, quick, relatively inex-

pensive process that can provide citizens access to a justice thatalthough simplifiedis no lessrigorous than that practiced in the courts (Giudice di Pace di Alba 2001). According to Gracia

Mannozzi (2001: 8), the goal of reducing civil litigation and shortening the turn around in civilprocedures, has already been achieved.

The justices of the peace have both civil and criminal obligations. In civil matters, their workshould be infused with a spirit of reconciliation between the parties involved, without any limit in

terms of value or the issue involved, as long as a case is not under the exclusive purview of anotherjudge. Such matters include questions related to labor and family law, among others. [The justices

of the peace] also have the authority to decide the allocation of resources for an administrativesanction (a fine). By virtue of Legislative Decree 507/1999, motorists can appeal to justices of the

peace if they feel that they have been excessively fined, just as they did in the past with the prefect .

The justices of the peace have the authority to resolve the following types of disputes: those

involving personal property not exceeding 5,000,000 liras, when such cases are not already beforeanother judge; cases of indemnization relating to traffic accidents and shipping accidents (either sea

or river) with a value not exceeding 30,000,000 liras; exclusive and unlimited authority to reviewcases relating to the planting of trees and bushes and matters of joint ownership, and cases brought

forth by a property owner or tenant of a piece of real estate subject to civil arbitration relating tosmoke or heat emissions, noise, or similar emissions or propagations exceeding the legal limit.

When the amount in question does not exceed 2,000,000 liras, the justice of the peace must make a

decision according to reasonable standards of fairness; if the amount exceeds that value, the deci-sion must be based on law.

In the cases in which the justice of the peace achieves the collaboration of both parties, the

controversy is resolved, thereby avoiding a more prolonged, expensive, and wearing legal suit. If

2 Of the active honorary judges, 2,900 are justices of the peace, 2,371 vice-praetors, 1,465

assistant prosecutors, 959 young judges (jueces jvenes), 287 special enforcement techni-

cians (tcnicos especialistas en vigilancia), 294 agrarian technical specialists, and 1,000 asso-

ciated with recruitment sessions (Democratici di Sinistra 1998).3 Nearly 328,000 ordinary cases were processed in 1997.



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the attempt at reconciliation is unsuccessful, the parties can take their case to the appropriate judgeof the judicial branch, aided by their lawyers (Pantaleoni 1999).

Italian citizens should utilize the justice of the peace of the area in which the incident tookplace. There is no charge associated with seeing these justices and no need for the assistance of a

lawyer;4 the citizen can be represented by him or herself or by an association, generally a consumer-based organization. To initiate a case, the interested party should go to the place where the Giudice

di Pace operates. There she or he can explain the situation to the judge, who will decide whether thecase falls within the realm of his/her authority based on the location of the event and the nature of

the issue. If the justice does not have authority over the case, he or she will direct the party to thecorrect judge. If the justice of the peace does have authority, the justice will see the case through,

creating a written record of the offended partys oral testimony.At the first hearing, the justice of the peace freely questions the parties and attempts to achieve

some form of reconciliation between them. When consensus is achieved, the judge writes up an Actof Reconciliation based on the verbal agreement between the two parties and the process ends.

Once the substantiating stage is over, it is up to the parties to definitively specify the events thateach deems to be fundamental to the process (defense and exceptions), to produce the documents

and to provide the evidence.

Following the European Union Councils legislative policy orientation from March 15, 2001,which encouraged the use of mediation and the rights of victims to be informed of criminal pro-ceedings, on January 2, 2002, a law went into effect that increased the authority of justices of the

peace in criminal cases, thereby introducingfor the first timean explicit reference to mediation.This law contains a list of sanctionsfines, house arrest, community servicethat apply only to

those crimes which fall under the authority of a justice of the peace, and only in the event that theattempt to resolve the conflict through mediation or reparations is ineffective. There are some

crimes regulated by the Penal Code and other, special laws, which fall under the purview of justicesof the peace; mainly assault, threats and slander.5 Only experience will tell whether such authority

will be expanded in the future.Moreover, this law is original in that it embodies a flexible response to crime, given that the

justice of the peace can opt for three alternatives: reconciliation/mediation, pure mediation, and apunitive route. In the event that the justice of the peace chooses the punitive alternative, no condi-

tional suspension of the punishment is permitted, thereby guaranteeing the efficacy of the sanction(Mannozzi 2001: 8).

THE JUSTICE OF THE PEACE: EXPERIENCES IN BRAZIL AND PORTUGAL

Brazil

The Special Civil and Criminal Tribunals

In Brazil, the search for a more informal justice6 led to the creation of small-claims courts, which

work with the aforementioned institution of reconciliation with the goal of avoiding the initiationof a [formal legal] process. Starting in the 1980s, there was discussion of measures to attenuate the

so-called judicial crisis. In 1983, the Minister of De-Bureaucratization instituted an initiative that

4 In the cases of a value not exceeding 1,000,000 liras, the parties can take the case to trial

personally. In other cases, the presence of a lawyer is required.5 According to Grazia Mannozzi, the crimes that the peace tribunals have authority over corre-

spond to approximately 12 to 14% of the crimes committed per year that fall under the Penal

Code, according to statistical indices from the past five years (2001: 8).6 The new conflicts of interest entailed transformations in the type of social interaction and con-

flict, which threatened society and made it vital to find new mechanisms of conflict resolution.

The courts were unable to respond to the increasingly complex and intense lawsuits, provoking

dissatisfaction, distrust and a loss of prestige for the justice system (Faisting 1999).



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was the origin of the first measure: the experimental creation of the Informal Reconciliation Councilin Ro Grande do Sul.

The special small-claims courts, created in Brazil under Law 7,244 of November 7, 1998, werepreceded by Informal Reconciliation Courts in different cities throughout the state of So Paulo.

The success of the initiative was clearly demonstrated by the number of courts created and installedin 1999: 759 courts throughout Brazil, with 1,170 practicing judges (Faisting 1999: 45).

In spite of all this, there were critical voices that saw in the courts a type of second classjustice, the so-called justice of the poor. Defenders of the law argued that the idea was not to have

two types of justiceone for the rich and an inferior type for the poorbut rather to ration theprovision of legal services by distinguishing between complex and simple civil cases (Faisting 1999:

45).The naming of small-claims courts was modified by Law 9,099 of September 26, 1995. As

pointed out by Herkenhoff (inFaisting 1999: 45), the Brazilian Constitution refers to less complexcivil casesnot to cases of lesser economic value, proposing that they would be more aptly named

courts for less complicated civil matters and courts for minor criminal infractions. This law,then, created the special civil and criminal courts that are part of the ordinary justice system and can

be created by the Union, in the Federal District and in the Territories, and by the states, for [the

purpose of] reconciliation, processing, judgment and execution of the matters within its authority.Although it originated from the same basis as the previous law, it included some novelties, such asthe increase in the value of awards to 40 minimum wages, the obligation that a lawyer be present

for cases involving between 20 and 40 minimum wages, the increased authority of the courts incriminal matters, and the stipulation that these bodies be present in the states. This law supposed a

true revolution of the Brazilian penal process, as it was not limited to importing solutions fromother legal systems, but rather coined its own system of consensual criminal justice (Pellegrini

1996: 16).According to the law, the courts actions should be guided by orality ( oralidad), simplicity,

informality, affordability and speed, trying whenever possible to achieve reconciliation or a settle-ment. Each court makes use of legal assistance services to meet the needs of the population in

general and to function as lawyers in certain situations. Pinheiro Carneiro confirms that there isconsiderable movement of people through the special courts, which is not surprising, given that

they have authority to see a wide variety of issues, and that reconciliation can apply to other typesof issues as well. In order to allow for greater productivity, the Brazilian legislature tried to create

incentives for the use of equivalent mechanisms at the jurisdictional level, mainly through reconcili-ationthe goalpar excellenceof the courtsand arbitration. The Public Ministry is required to main-

tain an executive body within the courts, in order to verify whether they meet the goals for whichthey were established (Carneiro 2000: 110-ff).

The legislature attempted to guarantee the principle of accessibility through the regionalizationof justice, since decentralization made justice closer to the base, less mysterious and, as a result,

more human. State law regulates the organization, authority and composition of the special civiland criminal courts. They can offer notary services and hearings that take place outside of the

regional headquarters, as long as they are in cities or towns pertaining to the region and take placeon public property. With the creation of special tribunals for trying small-claims cases and with

judicial assistance services, the decentralization of justice in the towns assumes that the courts willbe centers for information on rights, thereby putting an end to legal disinformation and providing

access to justice to the underprivileged classes. The law allows the local norms of judicial organiza-tion to extend the authority of the courts to reconciliation of issues over which they previously had

no authority, thereby allowing citizens to have greater access and making it possible for [centersfor] neighborhood justice to be the place for amicable resolution of all conflicts within the commu-

nity (Carneiro 2000: 105-106). According to Juan Carlos Vezzula, President of the Brazilian Institute



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for Mediation and Arbitration, 70% of the conflicts submitted to these tribunals are resolved in thereconciliation phase, around 20% are resolved by lay judges, and only 10% are passed along to an

official judge (Publication 20/03/2001).The point of the special tribunals is to bring justice closer to the citizenry. To this end, some of

the courts function out of shopping malls or even buses: the itinerant courts which have one roomfor hearings and two for reconciliation. In the case of flying justice, involving disputes over traffic

accidents, the bus is equipped with a computer and printer, and is thus able to say on the spot whichis the guilty party in the accident, with the help of a digital camera and a sketch compiled by an

expert on the bus. The parties frequently reach an agreement, which is sent by fax for official judi-cial confirmation (Publication from 09/04/2001).

In Brazil, the legislature encouraged popular participation in the special tribunals, first inreconciliation, with lay judges who had the authority to direct the proceedings and the judgment

under the supervision of a robed judge, and to pronounce a sentence, which would later be autho-rized by a robed judge. Moreover, lay judges can act as arbitrators with the same powers as a robed

judge, using standards of reasonable fairness. In the words of Pinheiro Carneiro (2000), the greaterthe number of well-known members of the local community who participate in it, the more benefi-

cial this popular participation in the administration of justice will be, especially with regard to

reconciliation. The arbitrators are recruited from the members of the community, giving preferenceto those with a degree in law. The lay judges are recruited among lawyers, preferably with five ormore years of experience. The same provision establishes that lay judges are not allowed to act as

practicing lawyers before special judges during their term as lay judges.Andr Luiz Faisting (1999) points out that, for the arbitrator, the greatest difficulties emerge

from the confusion between that role and the role of judge, and as a consequence, they end up beingunable to satisfactorily fulfill either role: as an arbitrator, they run the risk of unconsciously impos-

ing an agreement using the latent threat of their power to decide; as a judge, they might feel com-pelled to let their efforts at arbitration subvert the mandate of applying the law. This risk incurred

by arbitrators, which is the result of the socialization they are subjected to through the logic of theformal justice of decision making, and which is so typical of legal education, implies what has been

called the dilemma of the double institutionalization of judicial power, given that different forms oflegal practice are created based on different legal logics. One of these forms seeks agreement

between the parties through reconciliation, led by a lawyer who fulfills the role of arbitrator, andthe other seeks the application of justice through the decision-making powers of the judge (1999:

44). Such logics represent a tension between the formal justice of decision making, and the informaljustice of mediation, the two faces of todays justice (1999: 43-44).

THE SPECIAL CIVIL COURTS: RECONCILIATION AND AN ARBITRAL JUDGE

Under the terms laid out by Law 9,099/95, the special civil courts have authority to provide recon-ciliation, the processing, and judgment of low-level civil matters, namely: cases with a value of no

more than 40 times the minimum wage, cases involving expulsion for ones own use, cases of pos-session involving real estate of value not exceeding the amount indicated, among other matters

enumerated in the Code of Civil Proceedings. The civil tribunals are responsible for promoting thecollection of debts backed by financial instruments (checks, etc.), the value of which should not

exceed 40 times the minimum wage. They do not have authority to oversee fiscal matters or thoseinvolving food, or any others that fall under the purview of the Ministry of the Interior, work-

related injuries, processes relating to the state or to the capacity of the individual, as well as thoseappearing to deal with inheritances. In the event that the party submits a case to the civil courts,

they must renounce any credit that exceeds the abovementioned limit, except in the event of recon-ciliation.



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The judge directs the process with the freedom to determine which types of proof are admis-sible, to evaluate them and to attribute special weight to the rules of the communal experiences and

techniques. In each case, the judges decision will be made according to what he or she deems themost just and fair, with special attention to the social aims of the law and the demands of the

common good.There are certain parties which cannot come before the special civil courts, including: the

unfit, prisoners, legal entities under public law, national public enterprises, those seeking bank-ruptcy and insolvent parties. Only physical people can initiate a case, provided that they are older

than 18. In the event that a citizen makes a claim against a company or against another party underthe protection of a lawyer, the first party may hire a lawyer. In the courts, expenses are only paid

for a missed hearing, if the party misses the case, or if the party loses on appeal.The sessions are public and can occur at night. Only those cases considered essential must be

registered, in brief handwritten notes using shorthand or stenography. The minutes of the othercases can be recorded onto an audio tape or on an equivalent device that can later be submitted to

the sentencing judge.The introduction of a civil action before the special tribunals occurs through the presentation

of an oral or written petition presented to the court secretary. After registering the petition, the

secretary assigns a date and time for the reconciliation session, which must occur within two weeksof the petition. If both parties appear at that time, the reconciliation session can take place, negatingthe previous petition and summons. In the event that there is a new grievance on the part of the

accused against the plaintiff, the formal argument can be negated and both petitions can be assessedin the same sentence.

Once the reconciliation session has begun, the robed or lay judge proceeds to explain theadvantages of reconciliation and the consequences of a lawsuit to the parties present. If they decide

on reconciliation, the decision is recorded and authorized by the robed judge through an executivesentence. If the defendant does not appear, the robed judge pronounces the sentence. If reconcilia-

tion is not achieved, the parties can jointly opt for an arbitral judge. It then falls to the parties tochoose the arbitrator from among the lay judges. The arbitrator leads the process using the same

standards as the judge, making a decision based on reasonable standards of fairness. At the end ofthe proceedings, or during the five days following, the arbitrator presents the findings to a robed

judge to authorize a sentence that cannot be appealed.In the event that reconciliation is unsuccessful and the parties have not opted to see an arbitral

judge, the case is immediately (or within two weeks) taken to an investigation and judgment hear-ing, provided that doing so would not in any way harm the defense. In these hearings both parties

are heard, they produce evidence and, ultimately, a sentence is given. The arguments can be eitheroral or written, and can make use of any of the defenses material, except for the rebuttal if the

judge so rules. In the arguments, the accused can formulate a petition in his or her favor providedthat the facts therein are relevant to the controversy at hand.

In the special civil courts all morally legitimate means of proof are admissible (except forthe use of expert witnesses, which necessarily slows down the process); therefore, the rules of the

communal experience or techniques are privileged in the process. The judge can hear up to threetestimonials per side and each party is responsible for presenting its witnesses. Oral evidence is not

reduced to its written form, since the sentence should refer to the data collected from the state-ments. The investigation can be directed by a lay judge under the supervision of a robed judge. The

elements of the judges conviction should be recorded in the sentence, along with a summary of therelevant events which occurred during the hearing. A guilty verdict cannot be made based on an

unsettled monetary value or based on a generic claim. Any sentence that exceeds the tribunalsauthority is invalid. There is a guaranteed right to appeal after the sentence, which is reviewed by

Appeals Division of the special courts, a council made up of local judges. The execution of the



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sentence is carried out by the same tribunal, and any stipulations highlighted in the Civil Proceed-ings Code are applied secondarily.

Andr Faisting (1999) analyzed the functioning of a special small claims court in So Carlos,which had been operating since 1993. The analysis of available data from 1993 to 1995 shows that,

over time, the court saw more people, thereby fulfilling the objective of increasing access to justice.In spite of this, the court professionals warned that, if the courts capacity was not enhanced, it

would run the risk of importing the problems of the formal justice system; that is, slowness inresolving conflicts.

Through data analysis, the author shows that the further along a case proceeds in the stepstoward a trial, the less likely it is that an agreement will be reached. Of the disputes submitted to

the court, 46.3% ended with an agreement between the parties. When there was no agreement andthe case continued to an investigation and judgment hearing, the process was prolonged, due to the

fact that it was submitted to formal bureaucratic procedures just like those in the ordinary justicesystem, in contradiction to the courts guiding principles of orality, simplicity, informality and

affordability. It is worth pointing out that in the hearings without the use of lawyers, both theparties and the arbitrators showed more trust and freedom, and the arbitrators were therefore

more able to apply symbolic pressure on the litigants to arrive at an agreement (Faisting 1999).

Special Criminal Courts: The Consensual Model of Criminal Justice

For a long time, Brazilian jurists have demanded a more complete and updated criminal process

which would allow them to protect all rights and to guarantee the usefulness of their decisions; insum, a process with results. They appealed to the advantages of an oral procedure, which implies

a better evaluation of the evidence and a decision effectively based on the available evidence andthe parties arguments. It is also clear that oral methods are quicker, leading to the de-bureaucrati-

zation and simplification of justice (Pellegrini et al. 1996: 9).When Law 9,099/95 of September 26which deals with the special criminal and civil courts

was finally passed, it was received with great surprise, as it produced a real revolution (legal andmentally) that broke the inflexibility of the classic principle of the obligatory nature of criminal

cases (Pellegrini et al. 1996: 18). Legal functionaries had to learn to live side-by-side with theprinciple of discretion in public criminal matters, and to make room for consensus. Along with the

principle of material truth, after 1995 consensual truth also came into being (18). It attempts to tryout a new paradigm of penal justice based on consensus, and is concerned not only with the decision

made in each case, but also with the resolution of the conflict.One innovation to the Brazilian law, which is due to the positive experience of participation in

the civil small claims courts, is the role of lay arbitrators in criminal transactions and, state lawspermitting, the intervention of lay judges into certain jurisdictional roles. Moreover, there is ex-

traordinary concern for the victim under this law. It even guarantees that the victim be compen-sated, as this system is concerned with repaying damages: when the case involves criminal infrac-

tions that fall under the authority of the criminal courts, the civil composition can similarly imply

the end of punishment. The special criminal courts are composed of robed judges or a combinationof robed and lay judges, with authority to provide reconciliation, judgment, and the execution ofminor criminal infractions, that is, criminal violations and crimes for which the law designates a

maximum penalty of one year, except for those cases in which the law provides a special procedure.The process develops according to the principles of oral testimony, informality, affordability and

speed, and whenever possible, attempts to repair the damage suffered by the victim while applyinga punishment which does not involve privation of liberty.

The responsible police authority writes a detailed statement and immediately presents it tothe court in the presence of the guilty party and the victim, and solicits the necessary expert exami-

nations. If, after the written statement is made, the guilty party is either immediately taken to the



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court, or else makes a commitment to later appear before it, he or she is not imprisoned for aflagrancy nor charged bail. If both the author of the crime and the victim appear before the court

and it is not possible at that time to hold a preliminary hearing, at that point the earliest possibleday and time will be established for such a hearing. In the event that either of the parties do not

appear, the court secretary orders a summons for that person and for the responsible civil party, ifneed be. The Public Minister, the author of the crime and the victim, andif possiblethe respon-

sible civil party, should be present at the preliminary hearing, along with their lawyers. The judgeexplains to those present the possible composition of damages [to be awarded] as well as the possi-

bility of accepting the proposal of an immediate application of a punishment not involving theprivation of liberty. Reconciliation is directed or supervised by the judge. The composition of the

civil damages is written up and authorized by the judge through a sentence which cannot be ap-pealed and which has executive backing, all of which can be executed before a competent judge.

When the case involves a privately initiated criminal action or a public criminal action subject torepresentation, the authorized agreement involves the renunciation of the right to appeal or to

representation. When there is no agreement upon the composition of civil damages, the offendedparty immediately has the opportunity to verbal representation, which shall serve as a formal state-

ment.

In the event that there is representation, or if the case involves an unconditioned, publiccriminal action which is not already under review, the Public Minister can propose the immediateapplication of a punishment which restricts the offenders right, or the application of a fine, to be

specified in the proposal. If a fine is the only punishment given, the judge can reduce it by half. Theproposal shall not be admitted if it is proven that the author of the crime would be sentenced by the

courts to punishment involving the privation of liberty; if, within the space of five years, the guiltyparty will undergo the application of the restrictive penalty or fine, or if antecedents, the agents

social conduct and personalityas well as the motives for the necessary and sufficient circum-stances for adoption of such a measurehave not been highlighted. Once the proposal is accepted

by the author of the crime and his or her defender, it shall be submitted to a judge for evaluationand, if the judge accepts it, the penalty of restricting rights or applying a fine shall enter into effect.

In criminal cases initiated by the public, when there is no application of a punishment due tothe absence of the guilty party or the presence of representation, the Public Minister makes an oral

denunciation, in the event that there is no need to carry out any other vital procedures. The denun-ciation shall be made based on the statement of events, with the exception of the police report,

dispensing with an examination of the victims body if the nature of the crime has been noted by amedical diagnosis or equivalent evidence. When the case is too complex for a denunciation, the

Public Minister can solicit from the judge the remission of the existing specimens. In criminal casesinitiated by the victim, it is possible to present oral arguments. Once the denunciation or complaint

is made, the minutes are written up and a copy is given to the accused, who is thereby summonedand informed of the date and time of the investigatory and judgment hearing, of which the Public

Minister, the offended party, the responsible civil party and the lawyers shall also be informed.On the appointed day and time of the hearing, if there is no possibility for attempting recon-

ciliation in the preliminary phase or for the Public Minister to present a proposal, the hearing pro-ceeds in the same way as in the preliminary phase. No action shall be postponed in the special

criminal courts. When it is considered necessary, the judge can employ coercive means to bringindividuals to the hearing. Once the hearing has begun, the defense has the first word, in order to

respond to the accusation, after which the judge shall either accept or deny the denunciation orcomplaint. If the judge accepts, the victim is then heard, as well as the prosecuting and defense

witnesses, and the accusedif presentis questioned. Then oral arguments are made and the sen-tence is pronounced. Evidence is submitted in the investigatory and judgment hearing, in which the

judge can limit or exclude any evidence she or he considers excessive or irrelevant. Minutes of



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The territorial authority of the peace tribunals may cover contiguous groupings of councils byparish, or groups of contiguous parishes within the same council (Article 4, N 1). Costs shall be

paid to the peace tribunals, since their activities are not, in principle, free. It is worth mentioningthat the general regime of judicial support to citizens also applies within the peace tribunals (Article

40).The peace tribunals have the authority to see declarative cases of a value not exceeding the

value allowed within magisterial courts, that is, up to C= 3,740.98. With regard to the types of casesthey can handle, according to the terms of Article 9, they have authority to see and decide cases

dealing with the fulfillment of obligations, except for those involving a pecuniary loan in which theoriginal creditor is a collective;7 cases involving the turnover of property; cases involving the rights

and responsibilities of joint ownership, in the event that the joint ownership assembly has not madeit mandatory to resolve disputes through arbitration; cases relating to the real and personal rights

to the enjoyment of real estate, and cases of possession involving usurpation and accession; casesinvolving the right to the use and administration of communal, surface-level, usufruct, useful and

living property, and the royal right to periodic habitation; cases involving urban renting, exceptingeviction; cases involving contractual and extra-contractual civil responsibility; cases on breach of

contract, except for work contracts and those involving rural renting, and cases involving the gen-

eral guarantee of obligations.The peace tribunals also have the authority to oversee lawsuits involving civil compensation

resulting from crimes of simple bodily offense, offense to physical integrity due to negligence,

defamation, slander, minor theft, minor damage, alteration of borders, and fraud in obtaining food,drinks or services, provided that criminal participation was not involved or had at that point de-

sisted. According to the above terms, recognition of a request for civil compensation precludes thepossibility of using the respective criminal procedure.

Each peace tribunal should provide services of attention, of administrative support and mayhave more than one section if each section is directed by a justice of the peace. There shall also be

mediation services available in their offices, with authority to mediate any dispute, including thosebeyond the authority of the peace tribunals (unless they involve inalienable rights) in order to

achieve resolution through an agreement between the parties. According to Diogo Lacerda, Secre-tary of the state for Justice, mediation works in the peace tribunals as a para-judicial chamber,

that is, if a problem can be solved through mediation, it is not passed on to the justice of the peace(Publication 14/02/2001).

Mediators may have other jobs beyond the functions they carry out in the peace tribunals.They must have a college degree (not necessarily in law), be over 25 years old, involved in a media-

tion course recognized by the Ministry of Justice and, preferably, have residence in the area underthe purview of the peace tribunal. The mediators lend their services to the peace tribunals, but they

are not part of the courts.The justice of the peace should fulfill the following requirements: have Portuguese nationality,

be licensed in law, be at least 30 years old, be in full possession of his or her civil and political rights,have no convictions nor have been convicted of any fraudulent crime, and must have completed

or be about to complete immediately before assuming his or her post as justice of the peacethepractice of any other public or private activity. Recruitment and selection of justices of the peace is

carried out through a public competition using a curricular evaluation and public exams. The justicesof the peace are tested for a period of three years and appointed by the Auxiliary Council for the

Creation and Installation of the Peace Tribunals, which operates out of the National Assembly.

7 In Cardona Ferreiras opinion, Article 9, No. 1a, does not prevent collectives from being parties

in the peace tribunals; it merely means that they cannot inundate the tribunals with pecuniary

issues.



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In accordance with the law or with reasonable standards of fairness, the functions of thejustice of the peace consist in rendering decisions for cases that come before the court after first

attempting reconciliation between the parties; that is, in the event that attempts at pre-mediationand mediation are unsuccessful. The justice of the peace is not submitted to strict legal criteria and

can, if the parties so agree, decide according to standards of fairness when the value of the casedoes not exceed half the value of the cases under the authority of the magistrates courts.

Law 78/2001 of July 13 establishes that the justices of the peace are subject to the same incom-patibilities and impediments of judicial magistrates, including the prohibition against carrying out

any other public or private office of a professional nature. In any case, as stipulated in the Statute onJudicial Magistrates, they can hold unpaid teaching and scientific research positions if so authorized

by the Auxiliary Council, and if it does not in any way harm their service [as justices]. Salaries forjustices of the peace are equivalent to those of the highest level of the category of main advisor in an

advanced technical field from the general regime of public administration.The process in the peace tribunals begins with an oral or written petition that is presented

before the services of attention. The argument, which must be presented within 10 days of thesummons, may be verbal. The judgment hearing consists of three stages: a hearing of the parties,

production of evidence, and sentencing. If authorized and agreed upon, the decisions of the peace

tribunals have the same weight as an equivalent sentence from a magistrates court, as well ashaving executive backing, if the sentence has a condemnatory aspect.

Verdicts from cases in which the value exceeds half of the value under the authority of the

magistrates courts can be challenged through an appeal made before the regional court or the courtof specific authority in the region in which the peace tribunal operates. In principle, judicial repre-

sentation is not obligatory in the peace tribunals, despite the fact that either of the parties can beaccompanied by a lawyer, a legal intern or a solicitor.

The peace tribunals were implemented as experimental projects at the beginning of 2002 infour municipalities: Lisbon, Oliveira do Bairro, Seixal and Vila Nova de Gaia.

The Auxiliary Council for the Creation and Installation of the Peace Tribunals was created aspart of the National Assembly. After the first five months, the Auxiliary Council undertook an

evaluation of its operation, in which it reflected on the functioning of the peace tribunals and listedthe principle problems that it detected, namely: the low number of peace tribunals, the limited

territorial areas [in which they operated], and overly restrictive limits to (criminal, executive) au-thority. The general conclusion of the Auxiliary Council was that, despite the limitations and the

confirmed legal and statutory doubts and verified rules, the reception of the courts on the part ofthe citizens had been overwhelmingly positive, with the average length of a process being just one

month.

CONCLUSIONS

The origin of the peace tribunals is uncertain; it harkens back to a time in which judges and justicesof the peace were selected by councilmen. Since their creation and throughout their history, the

central goal of these courts was to provide the community with an alternative solution for thepeaceful resolution of the more basic conflicts. Below, we will provide a brief analysis of the expe-

rience of the current peace tribunals in Spain, Italy and Brazil, within the analytical context of the(re)birth of these peace tribunals in Portugal.

In 1985, Spain approved the Organic Law of Judicial Power 6/1985, which provided for a totalrestructuring of the national and municipal judicial bodies, including the transference of authority

over several issues to the magistrates courts and to the peace tribunals, which therein came torepresent the first level of jurisdiction. The judges of the peace are lay not professional, judges who

carry out judicial functions without belonging to the judicial career, although during their tenurethey are subject to the regime of incompatibilities and prohibitions of the judicial career.



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With regard to the goal of speeding up the process of justice, practice shows that there weremuch fewer cases involving reconciliation [in the courts]. The same was true of civil actions, since

the peace tribunals are only authorized to see those cases involving minor sums. With regard tocriminal cases, only a few reached the chambers of the justices of the peace. In effect, before receiv-

ing a criminal case, it must first pass through the filter of the examining magistrate, who, afterqualifying it as a criminal case, must send it to the justice of the peace. In practice, however, there

tends to be a pact between the examining magistrate and the justice of the peace in the sense thatthe examining magistrate does not send such cases, but sends instead the simple procedures that

should fall upon him or her.In this sense, the Spanish peace tribunals are in need of urgent changes. There are many

different opinions on what these changes should be, ranging from the elimination of the institutionto its professionalization and the expansion of its authority, and the popular election of the judge.

TheWhite Book of Justice, published in 1997, recommends establishing a new statute on the justice ofthe peace that keeps in mind their professional characteristics and the skills demanded of them, and

which adequately regulates the process of nomination, remuneration (which should be in line withthe circumstances and demands of their post), commitment and responsibilities.

In Italy, the figure of the justice of the peace was created in 1991 and began to function in

January 1993. [It was created] in order to offer the citizenry the possibility to resolve minor civiland criminal conflicts within a short period of time, as part of an attempt to achieve a more imme-diate and concrete form of justice At the base of its creation is the intention to clear up the courts

through a simple, quick, inexpensive process that provides citizens with access to a type of justicethatdespite being simplifiedis no less rigorous than that practiced in the classic courts. In 1999,

their authority was extended to criminal cases. The Italian ruling thereby accompanied the progres-sive increase in the number of non-professional magistrates in the year 2001 (near 9,000).

The functions of the justice of the peace represent an instrument towards the realization of ajustice of varied, everyday concerns. The justice of the peace has authority over civil and criminal

matters, and his or her role is imbued with the spirit of reconciliation. In civil matters, these justiceshave the authority to see all cases presented before them by the parties involved, with no limit with

regard to [monetary] value or issue, provided that such cases do not fall under the exclusive au-thority of other judges (mainly those cases related to labor and family law, among others). In the

case of criminal matters, the justice of the peace has the authority to judge certain crimes, mainlyrobbery, threats and slander.

Following the legislative policy orientations of the March 15, 2001 European Union Council,which encouraged the use of mediation, and the recognition of the rights of victims to be informed

of criminal proceedings, on January 2, 2002, an Italian law entered into effect which increased theauthority of the peace tribunals in criminal cases, and whichfor the first timeincluded an ex-

plicit reference to mediation. This law legitimates a criminal model which is open to reparation-style justice, making it possible for mediation to occur between the victim and the aggressor.

In the 1980s, Brazil began to discuss different measures to attenuate its so-called judicialcrisis. The small-claims courts created in Brazil in November 1984 would give way to the special

civil and criminal courts in 1995 (Law 9,099 of September 26, 1995). According to the law, the courtshad to be guided by the principles of orality, simplicity, informality, speed, and affordability, and

to attempt reconciliation or settlement whenever possible. Each court has the use of a judicial assis-tance service in order to pay attention to the general population and function as an advocate in

certain situations. The legislature attempted to guarantee the principle of accessibility through theregionalization of justice, since decentralization brought justice closer to the base and made it less

mysterious and more human. The goal of the special courts is to bring justice closer to the citizens.To achieve this, some of the courts operate out of shopping malls and even buses. state law regu-

lates the organization, authority and composition of the small claims courts, of which there are twotypes: special civil courts and special criminal courts.



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According to Law 9.099/95, the special civil courts have the authority to perform reconcilia-tion, processing and judgment of minor civil cases, namely: cases with a value of no more than 40

times the minimum wage, cases involving expulsion for ones own use, cases of possession involv-ing real estate of value not exceeding the amount indicated, among other matters enumerated in the

Code of Civil Proceedings. In order to propose a case before the special courts, it is enough topresent a written or oral petition before the court secretary.

The creation of the special criminal court was received with surprise, since it produced both amental and legal revolution that broke the inflexibility of the classic principle of the obligatory

nature of criminal proceedings. Legal functionaries had to learn to live side-by-side with the prin-ciple of discretionality in public criminal cases and to make room for consensus. After 1995, the

principle of consensual truth took its place next to the principle of material truth. This was anattempt to try out a new paradigm of criminal justice based on consensus; a justice not only con-

cerned with making a decision in the case, but also with finding a solution to the conflict. Thus, forexample, crimes that carry a prison sentence of no more than a year allow for the conditional sus-

pension of the process, and the accused who commits a crime and is immediately seen before thecourt (or makes the commitment to stand before the court) does not have to pay bail nor be de-

tained for flagrancy.

With the latest constitutional reforms in Portugal in 1997, the peace tribunals once again ap-peared in the basic text [of the constitution]. The goal in the creation of the peace tribunals is not justthe reduction of litigation, but also the vocation to allow civic participation of the interested par-

ties and to stimulate the fair composition of disputes by agreement between the parties.The experiences analyzed here allow us to conclude that the justice of the peace assumes

different forms, ranging from the creation of a justice for minor cases which, on the one hand, clearsup the courts, yet on the other hand, makes justice closer and more accessible to citizens. The future

of the justice of the peace will always depend on the meaningful development of this democraticaspect.

REFERENCES

Carneiro, Paulo and Cezar Pinheiro (2000).Acesso justia: Juizados Especiais Cveis e aco pblica. Uma nova sistematizaoda teoria geral do processo, 2. Edition. Rio de Janeiro, Editora Forense.

Citt di Desenzano del Garda. Il giudice di pace, available at:

www.onde.net/desenzano/comune/servizi/giudice.htm, April 2001.

Democratici di Sinistra (1998). La professione forense, available at:

www.democraticidisinistra.it/par.../aequa/documenti/la_professione_forense.htm, April 2001.

Democratici di Sinistra. Il giudice di pace,available at:

www.democraticidisinistra.it/par.../aequa/documenti/il_giudice_di_pace.htm, April 2001.

Faisting, Andr Luiz, (1999). O dilema da dupla institucionalizao do poder judicirio: o caso do juizado especial depequenas causas, Maria Teresa Sadek, (org.). O sistema de justia, Srie Justia, Fundao Ford, So Paulo,Editora Sumar.

Ferreira, J. and O. Cardona (2001).Julgados de Paz: organizao, competncia e funcionamento, Coimbra, Coimbra Editora.Giraldo, Lpez Alejandro (1998). Los jueces de paz en el pas vasco. Fines y medios . Masters Thesis at Oati, Instituto

Internacional de Sociologa Jurdica.

Giudice di Pace di Alba, available at: www.comune.alba.cn.it/inter/giudpax.html, April 2001.

Giudice di Pace di Mondavio, available at: http://www.lanostravalle.it/numero2/pagina8.htm, April 2001.

Gomes, Catarina (2001). Dois Julgados de paz comeam a funcionar em Setembro,JornalPblico, April 9.

Gomes, Catarina (2001). Juizados especiais do Brasil inspiram justia portuguesa,Jornal Pblico, February 14.

Gomes, Catarina (2001). Quatro Julgados de paz comeam a funcionar em Setembro, JornalPblico, March 20.

Mannozzi, Gracia (2001). O enquadramento da mediao no sistema da justia criminal. A rede italiana dos julgados de paz.Enquadramento da mediao: um modelo terico. NewsLetterDGAE. Direco-Geral da Administrao Extrajudicial,Lisbon, Ministrio da Justia.



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Pantaleoni, Ilario (1999). Ufficio giudice di pace: un nuovo magistrato al servizio del citadino. Pedroso, Joo (2000). AArbitragem Institucional: um novo modelo de administrao de justia O caso dos conflitos de consume. Coimbra, CES/OPJ.

Pedroso, Joo, Catarina Trinco and Joo Paulo Dias (2002). O Acesso ao direito e justia: um direito fundamental emquesto. Coimbra, CES/OPJ.

Pellegrini, Grinover Ada, et al. (1996). Juizados Especiais Criminais comentrios Lei 9.099, de 26.09.1995. So Paulo,Editora Revista dos Tribunais.

Rete Civica (1998). Dispozione per la copertura di posti di giudice di pace, available at:

www.comune.jesi.an.it/informagiovani/lavoro/disp_pace_htm, April 2001.

Santos, Boaventura de Sousa (1982). O direito e a comunidade: as transformaes recentes da natureza do poder doEstado nos pases capitalistas avanados, Revista Crtica de Cincias Sociais10. Coimbra, Centro de EstudosSociais.

Santos, Boaventura de Sousa, Joo Pedroso, Maria Marques, Manuel Leito and Pedro Ferreira (1996). Os tribunais nassociedades contemporneas: o caso portugus . Porto, Afrontamento/CES/CEJ.

Santos, Boaventura de Sousa (1999). The Gatt of law and democracy: (Mis)trusting the global reforms of courts,Oati Papers, 7, 49-86.

Santos, Boaventura de Sousa, Mauricio Garca, Villegas (2001). El caleidoscopio de las justicias en Colombia. Bogot,Ediciones Uniandes, Siglo del Hombre.

Santos, Boaventura de Sousa, Joo Carlos Trindade (2003). Conflito e transformao social: uma paisagem das justias emMoambique. Porto, Afrontamento.

Vallini, Barbara (1996). Il giudice di pace: per le piccole controversie si puo avere una giustizia piu veloce e meno costosa,available at: www.aduc.it/Avvertenze/Schedearchivi/scheda3.html, April 2001.

the (re)birth of the justice of the peace

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