"Eu", os outros e o judiciário: inteligibilidades das formas de resolução de conflitos e relações sociais contemporâneas em acesso à justiça no Brasil

Abstract

At courts and legal environments it has been said that the access to Justice in Brazil has been facing a deep paradigm shift synthesized in the Brazilian National Justice Council Resolution no. 125/10: the classic adversarial conflict resolution methodology has been followed by a consensus intelligibility vanguard approach — expressed primarily by conciliation and mediation, in their ways. This MA Thesis is engaged to comprehending that shift, and it aims to perform a bibliographic and documentary research that provides an inventory of the relational implications engendered by this new way of judicial understanding. The investigation starts off with the epistemological foundations of that vanguard, verifying whether its roots are based upon phenomenology, a theory of knowledge that highlights subjectivity. Afterwards it goes deeper into the technical procedural expressions of conciliation and mediation, heading finally to comparing both paradigm conjunctures. It is examined in contrast that consensuality, and similarly the positivist-root adversarial system, connected to the National Judicial System‘s not maintaining a collective interest conflict resolution methodological public policy, reinforces the existing status quo. The subjectivist logic causes a fragmentation of the social scopes, which shows the basis of the Brazilian Justice System‘s ethical-political project, and reveals that it is possible and also necessary to incorporate a reality theory that embraces social totality, and material production and human-generic existence reproduction superstructural factors.