Justiça multiportas: a conciliação e a mediação como métodos adequados para a resolução pacífica de conflitos

Abstract

The existence of conflicts has always been present in the history of humanity, and different ways of settling these disputes have been used, from the use of force on the most fragile part to the rise of the use of adequate methods for the consensual resolution of conflicts, as a means of reestablishing the social balance. The successive cultural, political and social changes in the globe have emerged the debate of more peaceful ways of dealing with problems in the private sphere. As a result, conciliatory methods gained strength in the legal system and enabled important reflections on how to provide efficient access to justice. As a result, the Multi-Door Justice model is established as a response to this demand, creating a diversity of ways to resolve the annoyances between individuals. Thus, considering the importance of demonstrating that, when appropriate to the factual situation, conciliation and mediation are pacifying mechanisms that allow the protagonism of those involved and consequent legitimation of the solution, from the democratic construction of the outcome of the problem, this research aims to characterize the self-compositional methods of conflict resolution, promote recognition of the effectiveness of the self-compositional approach and identify the contributions that the practice of conciliation and mediation bring to society. For this, an explanatory research is carried out, based on an extensive bibliographic research, through articles, dissertations, books and technical reports, in order to give credibility to the ideas raised. In this way, it is observed that, from the change in social mentality, it will be possible to strengthen the culture of consensus.