Os métodos adequados de solução de conflitos e sua indispensabilidade no ensino jurídico

Abstract

The present work aims to analyze the evolution that the society passed after the 20th century, making it extremely individualized, and its incessant search for personal pleasure. In this scenario the conflicts that emanate from the population are motivated by revenge and the search for the judiciary ends up looking for a third party that classifies a winner and a loser, eventually fomenting the Judicial Power Crisis. Currently, the Judiciary encompasses an excessive number of cases which, as a consequence, cause delays and dissatisfaction among the population, and there is also some confusion about the application of real access to justice. Thus, the present work intends to study consensual methods of conflict resolution as possible instruments for the aid of social pacification, helping the conflicting parties to find solutions of their differences through conciliation, mediation and arbitration, as well as to scrutinize these institutes and its application reflecting a positive aspect in the individualized society and providing a change of mentality. The use of these instruments and their benefits will be analyzed, as well as, it is intended to study the role of the professional of law in the dissemination and application of the consensual methods of conflict resolution, pointing as hypothesis the need for changes in legal training with focus in adapting curricular curriculares of the course of law for a legal education directed towards social pacification. It will be based on the hypothetical deductive method and the research technique of bibliographic sources.