Mediação judicial no Brasil: breves notas conceituais à luz de princípios constitucionais
The use of the term "judicial mediation" can be considered an indicator of the problem, which in the present work proposes to investigate and build conceptual bridges between an activity, mediation, which tends to be more practical with another, judicial, which is more Technical and theore...
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| Format: | Article |
| Language: | Portuguese |
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2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7085877 |
| Source: | Revista de Direito, ISSN 2527-0389, Vol. 10, Nº. 1, 2018, pags. 195-220 |
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| Summary: |
The use of the term "judicial mediation" can be considered an indicator of the problem, which in the present work proposes to investigate and build conceptual bridges between an activity, mediation, which tends to be more practical with another, judicial, which is more Technical and theoretical. Mediation is presented as a path that facilitates, or restores, the ability to dialogue about conflicting situations among individuals, groups, or organizations. To this end, judicial mediation will be distinguished from other alternative or suitable means of pacification, particularizing the roles of lawyers, judges and mediators in the new and advanced legal instrument of the country, and will examine some principles of judicial mediation. At the end of the research, it is contemplated that judicial mediation, with democratic guidelines, is based on fundamental rights, from which access to justice and solidarity have been derived; Therefore, the scope of these principles is to take the citizen seriously and to strengthen civility in society. |
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