Mediação nos conflitos: uma perspectiva crítica sobre a potencialidade de uma justiça de compartilhamento para a efetivação de direitos e cidadania

Abstract

The approach to the institutionalization of mediation, a self-compositional practice of conflict resolution in the Brazilian judicial system, is configured as a way to settle disputes, realizing a multiple-door justice system. In the 1970s, studies on self-compositional forms intensified and it was noted that when those involved in the discord participated in the resolution of the issue, the object of the controversy, social stability and user satisfaction were attained. Thus, in order to reduce the growing number of lawsuits filed and the dissatisfaction of users, the judiciary began to stimulate, with public policies, the use of self-compositional forms of conflict resolution. Given these conditions, the problem of the present research was formulated, concerning the search for paths that must be followed so that judicial mediation can effectively assure the rights and citizenship of users. In this sense the objective of this thesis, in addition to analyzing the Mediation Manual, its guidelines and the requirements for training of judicial mediators, is to propose fundaments for a theory of conflict mediation. The research method used is phenomenological, empirical, qualitative and descriptive, with the analysis of evaluation forms completed by participants in the unnamed practice: Workshop for Fathers and Mothers and by participants in the judicial mediation process. Initially, a phenomenology of the institutionalization of mediation in the Brazilian judiciary and its practice is presented. Next, the construction of an epistemology of conflict mediation is proposed, on which the fundaments for a theory of conflict mediation are finally based. The results obtained indicate user satisfaction with the adoption of new practices. It is considered that mediation is a condition of possibility for the humanization of conflict resolution practices, recognizing that a shared justice is the way to the realization of rights, citizenship and protection of the dignity of the human beings.