O conflito, o monopólio estatal de seu tratamento e a construção de uma resposta consensuada: a “jurisconstrução”
The jurisdictional role, currently a State’s monopoly, does not offer answers for the conflicting society, which goes through a crisis phase demanding a search for alternatives. In those terms, the present work has as its main scope the discussion of the conflict and the possible paths to address it...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2007
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4818299 |
| Source: | Seqüência: estudos jurídicos e políticos, ISSN 2177-7055, Vol. 28, Nº. 55, 2007, pags. 303-326 |
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| Summary: |
The jurisdictional role, currently a State’s monopoly, does not offer answers for the conflicting society, which goes through a crisis phase demanding a search for alternatives. In those terms, the present work has as its main scope the discussion of the conflict and the possible paths to address it. Yet the social conflicts are to be analyzed, which translates into a conflicting judicial issue, that is, litigation that searches answers in the judicial structure. Thus, being the meaning of the word conflict limited, the judicial performance and the logic exercised by the State in facing it, will be one object of this study. At the same time other more democratic and freed ways to deal with the issue, and “judicially built” by the litigants, will be discussed. |
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