A qualificação das políticas públicas autocompositivas no Poder Judiciário brasileiro pela transversalidade de gênero e raça : uma abordagem a partir das teorias de Nancy Fraser e Axel Honneth.

Abstract

The institutionalization of self-composing public policies, within the scope of the Judiciary, occurred on November 29, 2010, when Resolution No. 125 of the National Justice Council was issued. Later, mediation and conciliation were included in the civil procedural system and in Law 13,140 of June 26, 2015. This thesis focuses on the implementation of judicial mediation and conciliation, regarding the training of those who work directly or indirectly with their implementation in the State Courts. The research problem consists of: how to train public policy operators in the Judiciary to recognize gender and race relations in Brazil when applying self compositional methods, in order to promote parity in the participation of mediators and conciliators? To reach this goal, the objective was to understand how to carry out the aforementioned training, starting from the characterization of self-composing public policies, their principles and their use in Justice. The training of mediators, conciliators and coordinating judges of CEJUSCs were described and the concepts of justice by Nancy Fraser and Axel Honneth were presented, contextualizing them with discussions on race and gender relations in Brazil. Next, Brazilian and international protocols, guidelines and research that deal with gender and race relations in the Judiciary were analyzed. Based on the themes analyzed, proposals were made to improve the training of operators of self-composing public policies. So that transversality is not limited to mere occasional interventions, but becomes an institutional initiative of the Judiciary, it was proposed to create a working group to develop a mediation and conciliation protocol with a gender and race perspective. The thesis is linked to the concentration area “Social Rights and Public Policies”, and the research line “Diversity and Public Policies”, of the Postgraduate Program in Law – Masters and Doctorate, at the Universidade de Santa Cruz do Sul – UNISC. The approach method used was hypothetical deductive. The procedure method adopted was monographic. To develop the thesis, bibliographic and documentary research techniques were used. The sources of bibliographic research were: Brazilian Digital Library of Theses and Dissertations, CAPES and Scielo Catalog of Theses and Dissertations. The documentary research involved the framework relating to the preparation of operators of self-composing public policies at Enfam, Brazilian and international legislation, Brazilian and international documents, guidelines and protocols on race and gender in the Judiciary. This is a diagnostic study, with a purposeful nature. Diagnostic because the analysis of documents relating to the formation and implementation of self-composition in the Judiciary, especially based on the experience of the Court of Justice of the State of Rio Grande do Sul, made it possible to point out the challenges, benefits and negative points of this implementation. Proposal because, based on the data collected, ways were indicated that can contribute to the training of better qualified professionals, especially with regard to race and gender and the implementation of justice committed to the construction of a more egalitarian society.