A jurisdição em tempos de uma hipermodernidade : uma análise sobre a proposta de gerenciamento de conflitos do artigo terceiro do Código de processo civil de 2015

Abstract

This dissertation intends to analyze the emergence and institutionalization of different forms of conflict resolution in today's perspective of Brazilian society. Recently, Brazil started to have a new Code of Civil Procedure. Peculiarly distinct from predecessors, this new legislation has several articles that do not exactly match the old codes, like your third article, the object of analysis of this study, which predicts conflict resolution forms such as arbitration and consensual forms (conciliation and mediation), without, however, renouncing the application of the text of the law as a form of conflict resolution. Creates a Broad Conflict Management Scenario in Brazil. Given this finding, taking into account the relation between the Process and the culture, the autopoietic character of this (that influences the conception of that), and based on Niklas Luhmann's Theory of Social Systems, this study aims to understand why the Brazilian State saw the need to adhere to these other ways of resolving conflicts. Divided into three parts, in the first chapter, makes a thorough analysis of the third article of the Code of Civil Procedure of 2015 and its relation to the fundamental guarantee provided for in inc. XXXV, of art. 5º, of the Federal Constitution of 1988; in the second, in its turn, it seeks to establish consistent pillars of the relationship between the Process and the culture, develop a design for this, in order to observe its autopoietic character, as well as, seek to describe its current significance, when he comes across Gilles Lipovetsky's Hypermodernity thesis; in the third chapter, the general objective, based on previous conclusions, it is proposed to apply of hypermodernity in the jurisdiction, when one gets an idea of a hyperjurisdiction, which is represented by said procedural device. In the end, it is obtain that is facing a notion of jurisdiction that seeks to consider all the current complexity of society, enabling conflict management through an equally complex system.