A mediação no campo jurídico: arte e técnica como alternativa à resolução de conflitos familiares

Abstract

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.