A CONCILIAÇÃO E A MEDIAÇÃO NA PRÁTICA E A FORMAÇÃO JURÍDICA DO ACADÊMICO EM DIREITO
Abstract
Social conflicts express the behavioral changes of a society in constant transformation. The perception of the importance of resolving these conflicts drives the need to resignify the role of the judiciary in the process of social pacification, as the objective of jurisdiction. Judicial mediation and conciliation begin to exercise the necessary instrumentalization for the insertion of a legal culture that fosters consensus. In this resignification scenario in conflict resolution, the question of what should be the role of law courses to promote academic practices that enhance legal training for a consensus culture? The research seeks to evidence the precepts inserted in the national legislation on the legal formation of the academic in law for the resolution of conflicts through mediation and conciliation. In this context, the proposal brings as a specific objective the analysis of the legal provision of law 13,140 and 13,105, both of 2015, and the role of the National Council of Justice (CNJ) on the training of mediators and apprentice conciliators, the central object of the work. Based on qualitative research, with sediment in the inductive method and analysis of legislation, decisions of Brazilian courts and the bibliography referenced on the elementary concepts of mediation and conciliation practice, promising results were achieved, resulting from the practices of mediation and conciliation in law courses. It is conclusive that for the change of a legal culture based on conflict, a model practiced in Brazilian courts and which is a central object in the formation of bachelor's degree in law, academic practices should be directed to the resolution of conflicts in society through the most humanized means to perform the composition, namely, mediation and legal conciliation.