Reflexos da metabolização dos conflitos a partir da implementação da mediação enquanto política pública no Tribunal de Justiça do Estado do Rio Grande do Sul, no tocante aos servidores mediadores.

Abstract

Mediation, as a tool that deals with conflicts in a manner complementary to conventional jurisdiction, was institutionalized and unified, under the Brazilian Judiciary, by Resolution No. 125 of the National Council of Justice, on November 29 th , 2010. Since then, Judicial Centres of Conflict Resolution and Citizenship (CEJUSCS) have been installed in the country in which act, as mediators, serversof the Judiciary who perform typical activities of State careers. The present research proposal is limited to the study of implementation of mediation, as publicpolicy, within the framework of the State Court of Rio Grande do Sul, from the issue of Resolution No. 125 of CNJ, regarding the effects of the measure on the State Court mediator servers. The time frame is determined by the date of issue of CNJ's Resolution No. 125, on November 29th, 2010. It links itself to the line of research public policy of social inclusion of UNISC's Master of law, since the use of mediation by the Judiciary is recent and requires continuous study and improvement, because it stimulates social inclusion, not only of the defendant, but also of the Judiciary server on the citizenship political participation and, has as a consequence, the social pacification. Besides the bibliographic research, a case study was used. The active volunteer servers of TJRS, who trained to act as mediators in the Judicial Centres of Conflict Resolution and Citizenship, were asked to answer a questionnaire formulated from a series of statements about the goals of this study. Therefore, it is a study of both diagnosis and constructive from the experience of Rio Grande do Sul. Diagnosis because the interviews enabled profiling and pointing out the challenges, benefits and bad points of this implementation. It was verified if the performance of the activities of mediator has been beneficial with regard to the inclusion of themselves, who were often restricted to a bureaucratic job and has made them feel, to a certain extent, more active by the judicial structure. It also made it possible to verify if the techniques used in the mediation, which stimulate, propagate and educate citizens on ways to better resolve their conflicts, especially through dialogue, affect the mediator server in his daily activities, in the professional range, as well as, effectively, they have managed themselves to carry out mediations for which they were prepared and what are the obstacles facing these servers in the performance by the CEJUSCS. Constructive, because from the data collected, it will be possible to think about ways to generate more efficiency of the Resolution No. 125, by including these mediator servers in collaboration of services by the judicial structure and achievement of a new paradigm, not binary, in which there is possibility to win x win, rather than win x lose.