Report on the 2017 Lecture on Brazilian Law

October 16, 2017

On November 16, 2017, we hosted a lecture by Judge Marcos Onodera of the State of São Paulo, titled "Case Management, Litigation Management, and Access to Justice: Summary Courts, Public Civil Action Law, the Consumer Protection Code, and Alternative Dispute Resolution (ADR)."

In the lecture, which followed the opening remarks by Juro Iwatani, Dean of the Faculty of Law, Judge Onodera emphasized the importance of guaranteeing access to justice for the poor and ensuring diverse methods of dispute resolution as a characteristic of Brazil. He explained that the issue of access to justice in Brazil is not only about addressing areas where justice is not readily available, but also that presenting and guiding people toward the correct dispute resolution methods, including ADR, leads to a reduction in litigation. After the lecture, a Q&A session was held with Professor Toshitaka Kudo (Civil Procedure Law) and Professor Masanori Yabumoto (Western Legal History) of the Faculty of Law. Professor Kudo asked questions about the differences from Japan's summary courts, the differences from Japan's Act on Special Measures Concerning Consumer Court Proceedings, which was modeled on the Brazilian system, and the potential of private ADR. Professor Yabumoto pointed out that in the Middle Ages, ecclesiastical courts sometimes functioned as a last resort for disputes with nowhere else to go, and that a similar phenomenon can be observed in the modern era as part of a historical cycle.

On the day of the event, Counselor Lincoln Bernardes Jr. from the Embassy of Brazil came to the Juku and attended the lecture. The venue (capacity: 100) was filled to capacity with many students and members of the public who participated through the Japan-Brazil Law and Culture Association, providing a valuable opportunity to experience the forefront of Brazilian law.