A THE EFFICIENCY OF THE PERSONALISM RIGHT OF ACCESS TO JUSTICE AGAINST THE EXTRAJUDICIALIZATION OF CONFLICTS ARISING FROM THE RIGHT TO PROPERTY

Abstract

This article investigate the importance of extra-judicial means of settling disputes in property rights to economic development and brazilian experience on this matter. Therefore, through the intersection between law and economy, it starts from the utility curve economic theory that proves that only direct bargain between parts is able to generate maximizing added value, and consequent economic evolution. After, it tuns out that the Coase Theorem driven by Hobbs Theorem points out to the leading role of legal institution to stimulate this desirable direct negotiation, notably thorgh recognition and protection of property rigths, as criation, promotion and incentive of extra-judicial means of setting disputes, especially the auto-compositions through with the highest level of development is reached. In which all efforts are weighed, not ever is possible the auto-compositions. That is why this study also analyzed third party proposes methods, demonstrating how differents judicial relief impact the transaction costs and consequently the level of production. That way, this study managed to prove the close relationship between law and economy, and consequently the strong legal institution influence on country economic development, and in this context, extra-judicial means settings disputs are an important promotional tool for growth.