Educação interdisciplinar em direitos humanos de conciliadores e de mediadores judiciais cíveis em 24 países: um caminho transformativo para a cultura de paz transnacional

Abstract

The study aims to verify the existence of interdisciplinary education on human rights, in basic courses of civil judicial conciliators and mediators, from 24 countries selected on 04 continents, capable of contributing to the construction of a transnational culture of peace, in compliance with the international commitments assumed before Unesco. From international diagnostic, the dissertation aims to propose suggestions for improvement of the guidelines of the Brazilian National Council of Justice for the courses in question, which represent humanistic and interdisciplinary advances. In the methodological course of the empirical exploratory research of mixed methods, adopting the convergent design, the content analysis of Laurence Bardin (2016) is used together with functional comparative law, in the view of Ralf Michaels (2008). The data collection about the organization and content of courses proposals and the related normative covers the 27 courts of justice and the 27 judicial sections in Brazil, as well as samples from 23 other countries (South Africa, Argentina, Australia, Bolivia, Canada, Chile, Colombia, Costa Rica, Scotland, the United States, Spain, France, Wales, Honduras, England, Northern Ireland, Italy, Nigeria, Mexico, Paraguay, Peru, Portugal and Uruguay). At the same time, to deepen the investigation of practical reality, the teaching materials and the development of 14 courses, realized between 2016 and 2017, by the Superior School of the Judiciary of Tocantins and by the Federal Justice Council, were examined ex post facto, as well as the Manual of Judicial Mediation of the Brazilian National Council of Justice. The merger of the results of the comparative content analysis confirms the hypotheses that there is not conscious planning for human rights education in these formative actions, and that possible approaches are superficial and insufficient to produce an effectively humanistic, interdisciplinary and transformative training. After a theoretical-interdisciplinary dialogue, the applied research suggests advances to the interdisciplinary education on human rights for the contents and the curricular directives of the Brazilian National Council of Justice, especially on dignity of the human person, broad acceptance of access to justice, representative and participatory democracy, citizenship, diversity, social justice and emancipation, collaborative social interaction, the educational role of the Judiciary, ethics of otherness, responsibility with the other, peace and neo-humanist.