A advocacia colaborativa como política pública de tratamento de conflitos : a humanização do acesso à justiça à luz da fraternidade e da cooperação.

Abstract

This master’s thesis approaches the collaborative advocacy theme, which consists of an extrajudicial mechanism of dealing with conflicts and providing citizens with humanized access to justice. To deepen the theme, the research proposes the following question: what are the conditions that the collaborative advocacy must meet to become a public policy for conflicts management that aims at the humanization in the access to justice through fraternity? As the hypothesis for the proposed problem, it is considered that, in the public policies cycle perspective, the collaborative advocacy must become an attractive alternative for conflicts management in the view of legal practitioners to, then, enter in the public agenda, and be formulated and implemented as a public policy. In this scenario, to answer the research problem, the general objective is to analyze which are the conditions that the collaborative advocacy must meet to become a public policy for conflicts management that aims at the humanization in the access to justice through fraternity. To carry out the research, the deductive approach method was adopted, and the research tool applied was the bibliographic. The study aligns with the research line on Social Inclusion Public Policies of the Law Graduate Program of the University of Santa Cruz do Sul, connecting directly to the research carried out by the professor that supervises this master’s thesis. The theme demonstrates a great social and scientific relevance, since the collaborative advocacy may foster the humanization in the access to justice, reduce public spending with the Judicial Branch, as well as provide for the return of the dialogue between parties guaranteeing good social coexistence. Through the obtained results, it is concluded that the collaborative advocacy may become a public policy for conflicts management, providing the population with humanized access to justice, but it is highlighted that, for that to be possible, the professionals that believe in the change of the paradigm of the access to justice as the access to jurisdiction must have the time and guts.