A mediação no campo jurídico: arte e técnica como alternativa à resolução de conflitos familiares
The increase of the litigiousness in the current time has been allowing more and more the search for alternative forms of solution of conflicts. The influence of the Law and the Judiciary itself in social practices are part of the phenomenon of the judicialization of social relations, representin...
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| Formato: | doctoralThesis |
| Idioma: | por |
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| Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/25737 |
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| Resumo: | The increase of the litigiousness in the current time has been allowing more and
more the search for alternative forms of solution of conflicts. The influence of the Law
and the Judiciary itself in social practices are part of the phenomenon of the
judicialization of social relations, representing legal and social transformations, with
the reorganization of the system itself, bringing with it a plurality of social and legal
relations. In this scenario conflicts become an integral element in the relations of
humanity. An element of contact and fusion that acts in social interactions being
responsible for the varied forms of social relations. The complexity of personal
relationships, when connected to the explosion of litigiousness and the crisis of
jurisdiction, leads one to consider the deficient state system in the face of the
inefficiency of traditional ways of resolving existing conflicts. Taking, considerably,
the current perspective of conflict resolution, treated from a new rationality. The
family, in this context, by virtue of the dynamism, composed by complex relational
webs between its members, becomes a reflection of subjectivity in the relations,
being essential to seek knowledge in Legal Sociology. Faced with this social scenario
of extreme conflict, the National Council of Justice approved on November 29, 2010
Resolution 125, instituting the National Judicial Policy for the adequate Treatment of
Conflicts, encouraging, spreading the systematization and improvement of
consensual means. In turn, mediation comprises one of the ways of conflict
resolution allowing the creation of a public space to the dialogical practice. In this
sense, when taking as a starting point, given perspective, research, of a qualitative
and quantitative nature; The paper tries to describe how the social practices and
representations that characterize conflict mediation within the family are established,
including bibliographic review, documentary and field research, questionnaires
applied in the CEJUSC / Natal and NUPEMEC / Brasília sectors. As a result, it has
been revealed that mediation, as a driving force for social transformation, uses the
art of reunion and sharing, and can be an important instrument for building a space
for maturing, through dialogue, relationships involving conflicts. |
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