Conciliação e mediação como instrumento de promoção da paz social na vara de família e sucessões da comarca de Gurupi - Tocantins

Abstract

The family is inserted in an environment of inequality, being utopian to imagine that it would not reflect the reality that surrounds it, that is, the society as a whole in which conflicts are common. The main objective of the research is to reduce the burden of jurisdiction, with the responsibility of peacemaker, through other specialties that focus on caring, restoring the psychological balance of the parties in order to reduce the damages that a litigation always causes, seeking to restore peace. The research is justified by the possibility of expanding reflections of social interest, since all individuals, families and society are benefited by the promotion of a culture of peace and the resolution of conflicts in a humane way, with equity. The methodology adopted for this was of the qualitative type with a phenomenological bias, which is a philosophical reference, created by Edmund Husserl, (19th century), which gave scientificity, that is, transformed philosophy into science and seek to be more appropriate to studies in Social / Legal Sciences, since it is focused on the person as a centrality, in its essence, in relationships with the environment, beliefs, spirituality, with a view to making reconciliation more humanized, respecting man in his dignity, his values, the ultimate scope of appeasement in family relationships. From this context the research problem arises: How to work the techniques of mediation and conciliation in the resolution of family conflicts, in order to contribute to soften the suffering of the parties involved in litigation and to promote a culture of social peace? In relation to the technical procedures, the research is bibliographical and documentary, also validated by the empirical research with the application of questionnaires for data collection. From the analysis and studies we have that mediation and conciliation, similar but different institutes, should use alternative techniques and means for the parties involved in litigation to resume a dialogue and seek a just solution to the dispute that is presented, and especially peace be sought. Positive management should be sought in the form of dealing with family conflicts, using a warm, exclusive environment, respectful listening, knowledge of the limits imposed by law, human vocation and training to act as a peacemaker, with inter / multi and transdisciplinary methodology to contribute to culture of social peace.