Proposta de concretização do acesso à justiça e promoção dos direitos humanos: câmara de mediação e conciliação nos núcleos de prática jurídica dos cursos de Direito do estado do Tocantins

Abstract

The purpose of this study is to establish a Chamber of Mediation and Conciliation in the Legal Practice Core of Higher Education Institutions in the State of Tocantins, in order to achieve access to justice and promote Human Rights. The work was born of the concern generated by the experience in teaching in higher education and in the coordination of the Legal Practice Core. Thus, it is a general objective to demonstrate the feasibility of a mediation and conciliation chamber in the Legal Practice Core of the Institutions of Higher Education of the State of Tocantins and, therefore, specifically aims to present a portrait of the Brazilian justice, as well how to understand the concept of justice from the perspective of John Rawls (2000) and access to justice from the standpoint of fundamental rights and human rights. It will be necessary to analyze contemporary forms of negotiation, especially mediation and conciliation. Regarding the issue of legal education, the objective is to identify the socio-educational function of the Law course, analyze the historical context in which it was inserted and the reflections of it for the present. In this sense, it will also be necessary to identify the socio-educational and professional role of the Legal Practice Core, and also to analyze the pedagogical documents of the educational institutions of the State of Tocantins and of a Higher Education Institution of national reference, being chosen the Getúlio Vargas Foundation for having A conciliation and conciliation chamber has been set up since the year 2002. At the end, propose a step by step how to implement a Chamber of Mediation and Conciliation, effectively and articulated with the Judiciary. Regarding the methodology, the triangulation of several methods is considered, in this case, the documentary, comparative and teleological hermeneutic with deductive and empirical approach. The ideas that brought consistency to the study about the need to insert alternative methods of conflict resolution are related to the report that gave treatment to the Renovation Waves of Mauro Cappelletti and Bryant Garth (1988). The reform of legal education, considering the ideas of Tercio Sampaio Ferraz Junior (1978), Vicente Barretto (1978), San Tiago Dantas (1978), conclude that Edgard Morin's thinking (2003) concludes a lagged, archaic, dogmatic, segregated and elitist teaching. As a result of this, as a non-positivist thinking is adopted in this work, seeking to insert other forms of conflict resolution, in the same way, to form critical agents through higher education institutions, it is also based the research in the concept given to "paradigm" By Tomas Khun (1992). This apparatus seeks to demonstrate the urgency that resists the paradigm shift that requires to overcome the exclusively positivist and dogmatic thinking in the application of Law and Justice. Studies on the Mediation and Conciliation institutes were carried out under the watchful eye of Fredier Didier Júnior (2015), Tereza Arruda Alvim (2015) and Marcus Vinicius Rios Goncalves (2015). How to implement the Chambers of Mediation and Conciliation is based on the norms emanating from national and regional laws, as well as the Operational Plan for the Implementation of CNJ Resolution 125/2010 by the Consensus Methods of Conflict Resolution of the state of Tocantins Permanent Core.