As políticas públicas brasileiras de tratamento adequado de conflitos e sua (in) adequação à quarta "onda" de acesso à justiça.

Abstract

This dissertation aims at discussing the Brazilian Public Policies for proper conflict management and its (in) appropriateness to the fourth “wave” of access to justice. The work is part of the research line Instrumental Dimensions of Public Policies, of the PPGD of UNISC, as well as in the area of concentration investigated by the supervising professor Fabiana Marion Spengler in the research group she coordinates. In this sense, the question that guides the research problem is: what changes are necessary so that the Brazilian public policies for satisfactory conflict management, particularly regarding legal education and academic training for law professionals, appropriate the precepts of the fourth renewal wave of access to justice, and, privilege the citizen as a subject to whom justice is addressed? Therefore, the main objective is to analyze viable changes towards the execution of public policies for proper conflict management which were implemented in Brazil between the years of 2010 and 2016. The study aims at the adaptation to the precepts of the fourth wave of access to justice, from the analysis of the academic training of legal professionals in order to deconstruct the traditional figure of the justiciable citizen, as well as to include in the legal field more humanized relationships, which are in consonance with the fundamental right of access to justice. The research methodology used the hypothetical-deductive approach method and the monographic procedure method. A literature review was used as a technique, supported mainly by the consolidated scope on the theme, and documental research, based on informative documents. In this regard, the data collection was carried out, first, through the curriculum of Law School programs, available on the websites of the analyzed institutions - Federal public universities in the state of Rio Grande do Sul and universities/colleges affiliate members of the COMUNG (Consórcio das Universidades Comunitárias Gaúchas - Consortium of Community Universities in Rio Grande do Sul); as the second source of data collection, the website of the TJRS (Court of Justice of the State of Rio Grande do Sul), based on information provided by NUPEMEC (Permanent Center for Consensual Conflict Resolution Methods). The data analysis leads to the conclusion that the effects of public policies for proper conflict management has already reached the Law School programs, promoting initial changes regarding the courses that comprise the curricular structure in most of the analyzed law bachelor degree programs. Likewise, concerning training courses for mediators and conciliators there is a significant observance related to the expressed determinations. However, in order to reach an effective adaptation, following the precepts of the fourth renewal wave of access to justice, it is essential to implement a teaching and learning process that transcends the objective and individualistic parameter of the norms, promoting a reflexive bias in the theory and practice of legal education, which is capable of integrating and bringing professionals (in training or qualification) closer to the social reality through more humanized attitudes.