Mediação judicial de conflitos: (re)pensando a crise funcional do Estado contemporâneo e a teoria da jurisconstrução

Abstract

This work aims to analyse the main characteristics of the conflict mediation model developed and practised by the brazilian Judiciary Power, the so called “judicial mediation”, evaluating the adequacy of this consensual mode of conflict treatment in relation to its incorporation to the structures of the brazilian jurisdictional system, as a consequence of the implementation of the “national judiciary policy on the adequate treatment of conflicts in the Judiciary Power”, which was established by the Resolution nº 125/2010, from the National Council of Justice. Based on these reflections, it discusses in which way the adoption of the judicial mediation relates to the crisis of the State and the tensions of contemporary society, as well as presenting the possibility of a paradigmatic transition conected to the use of consensual ways of conflict treatment and the idea of “jurisconstruction”.