Mediação: uma nova visão do conflito

Abstract

Based upon the circumstances under social conflicts that occur as a result of the world democratic reform, the scientific growth and the globalization, this essay inquires the alternatives to perform appropriate conducts of justice and social pacification along with the possible way to manage humanity interests and how to establish a culture of peace. Additionally, it analyzes the concepts of conflicts, their ideal solutions, the official structure of resolution of lawsuits, the access to justice and the tendency to decentralize justice. Considering the mediation as the most appropriate way to satisfy the purposes presented, this work investigates its mechanism valuing the role of the State on its promotion, accessibility, organization and control; the participation of law, society, the judge, the public prosecutor, the attorney, its structure etc. This essay also verifies the mediation performance in the Brazilian and humanity s history. It investigates its objectives, matters, legal nature, types, principles, and exploits the constitutionality of its acceptance, concluded from its receptivity in the Brazilian system. It evaluates the process of mediation and its peculiarities in relation to its participants mediatees and mediators -, the presence of the attorney, ethics, the development of activities and the actual application adopted in Brazil, and ultimately discusses the project of law in procedures. It concludes the studies for the need and viability of the implementation of the mediation beyond the lawsuit and judicial issues, as a policy, as a role model that, besides solving conflicts, also provides education towards humanity peace and citizenship, effective social and political participation, to promote social peace and prevent conflicts as well as pacification of conflicts