Banca de QUALIFICAÇÃO: TIAGO PEREIRA AGUIAR SUSMICKAT

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
DISCENTE : TIAGO PEREIRA AGUIAR SUSMICKAT
DATA : 15/03/2021
HORA: 09:30
LOCAL: Sala virtual com link de transmissão https://conferenciaweb.rnp.br/webconf/cpf-1
TÍTULO:

Privatization of Justice: conflict mediation as a consensus manufacturing instrument

PALAVRAS-CHAVES:

Conflict Mediation. Judicial Center for Consensual Conflict Resolution. Consumer Law. Teixeira de Freitas - BA.

PÁGINAS: 123
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
RESUMO:

A research on the practice of conflict mediation is presented at the Centro Judiciário de Solução Consensual de Conflitos e Cidadania (Cejusc), based at the Sindicato do Comércio Varejista e Atacadista de Teixeira, BA (Sincomércio). This study seeks to combine observation in the field with reflection on the practice of conflict mediation in Cejusc / Sincomércio, with the main objective of analyzing the role of the State in the process of elaborating the national judicial public policy for the proper treatment of conflicts within the scope of judiciary and legal provisions regarding the creation of bodies and partnerships with private institutions responsible for the consensual resolution of conflicts. The study seeks to combine observation in the field with reflection on the practice of conflict mediation in Cejusc / Sincomércio, with the main objective of analyzing the role of the State in the process of elaborating the national judicial public policy for the proper treatment of conflicts within the scope of the judiciary and the legal provisions regarding the creation of bodies and partnerships with private institutions responsible for the consensual resolution of conflicts. Therefore, It is a qualitative research, elaborated from the observation and interpretation of the situations verified in the judicial center, establishing direct contact with the actors involved with the mediation of conflicts in the scope of consumer relations. To this end, the study considers the perception of the actors of the investigated center, conducting semi-structured interviews, in addition to analyzing the hearings / mediation sessions held between debtors, creditors and mediators, lawyers from Sincomércio. As a hypothesis for the investigation, it is thought that the institute of conflict mediation, a public service of conflict management of the Brazilian justice system, is being appropriated with the purpose of guaranteeing the payment of arrears only and exclusively. In this context, conflict mediation is carried out with a view to obtaining a partial self-composition of the controversy, giving rise to what is called manufactured consensus, resulting from the instituted's distorted practice. It is believed that the research will contribute to the current discussions about the role of the State in the process of implementing the national judicial policy for the proper treatment of conflicts and, in particular, about mediation practices within private institutions.

MEMBROS DA BANCA:
Presidente - 1716530 - HERBERT TOLEDO MARTINS
Interno - 1556362 - ROBERTO MUHAJIR RAHNEMAY RABBANI
Externo à Instituição - Riccardo Cappi - UEFS
Interna - 1738832 - VALERIA GIANNELLA