Mediação e democracia : uma abordagem contemporânea da resolução de conflitos

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

This study attempts to establish in what sense the mediation of conflicts can be considered as a democratic means to the resolution of controversies. The objective is to indicate the contact points, the interrelation between mediation and democracy, taking as a starting point the study of the aspects which today define something as democratic. To that end, considering democracy as a historical ongoing process, the analyses of the models of direct democracy in Ancient Greece was carried out, from the representative democracy until the contemporary model of participatory democracy, and in the context of the latter we sought to ascertain the aspects which indicate the democratic nature today. We also carried out an analyses of the notion of mediation as a non-adversarial method of resolution of conflicts, indicating the bases to identify it as a democratic instrument through its concept, main characteristics, structure, principles, objectives, process and mediator s performance, always highlighting the mediation of conflicts in Brazil, especially the bill regulating the matter, which is proceduring in the Congress. From the analyses carried out, the conclusion is that mediation can be considered as a democratic means to the resolution of conflicts, considering it consists of a procedure which demands active participation from the mediated, in addition to allowing access to justice, inclusion and social peace, encouraging a sense of citizenship and contributing to the effecting of human dignity and fundamental rights. Community mediation can be pointed out as a concrete example of democratic action in the resolution of conflicts.

ASSUNTO(S)

democracia - dissertaÇÕes direito constitucional

ACESSO AO ARTIGO

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