masterThesis
Eu tenho os meus direitos: análise de audiências de conciliação em um JECRIM de Natal
Fecha
2015-02-27Registro en:
MOURA, Jairo de Souza. Eu tenho os meus direitos: análise de audiências de conciliação em um JECRIM de Natal. 2015. 130f. Dissertação (Mestrado em Antropologia Social) - Centro de Ciências Humanas, Letras e Artes, Universidade Federal do Rio Grande do Norte, Natal, 2015.
Autor
Moura, Jairo de Souza
Resumen
This research aims at examining, within the scope of Legal Anthropology, the
constitution processes of Criminal Small-Claims Courts-JECRIMs in Brazil seeks to
discuss, from the making of ethnographic work, the relationship between forms and
dynamics of Justice distribution both at national and local level. To do so, one
performed an ethnography at a JECRIM in the city of Natal, analyzing resulting
peculiarities arising from the works the Judge-Coordinator and all of the other Judicial
Actors in order to bring to reality the proposals of Law 9.099/95. Such ethnography has
also enabled the analysis of the interactions between both Judicial Actors and
Claimants, with or without private attorneys. The theoretical framework included
several topics, including processes of conflict legalization, performance and
representation analysis, and relationships between law, morality, feeling and ritual.
One sought to a critical reading of the current state of conciliation and mediation, taking
into account both legal and theoretical parameters on the subject. At the end, a general
guideline of State action in conflict management is drawn, revealing some aporias and
contradictions when voluntary processes are made mandatory by the State-Punisher.