A mediação nas resoluções de conflito sensíveis de alta complexidade envolvendo o poder público: o caso da desapropriação do aeroporto de Guarulhos

Abstract

The main goal of this dissertation is to analyze mediation as a method applied to resolution of high complexity sensitive conflicts which involve the Public Power. The access to fair legal order aims to overthrow the paradigm of the sentence culture in face of the present context on excessive litigiousness concerning the Brazilian Judiciary Power, as well as the formality on the civil process. The importance of the theme lies on proving that mediation is a method to be used in order to reach the user satisfaction, efficiency and debureaucratization in order to restore social relationships involving the even the Public Power. For this reason, it will be presented a case study of great social repercussion, which is the expropriation of the Guarulhos International Airport/SP. The research presents the concept of access to the fair legal order to overcome obstacles to the use of mediation considering part the Public Power, as well as the analysis of the mediation method, its process, its procedures and its flexibilities, together with the innovations brought by the Law of Mediation (13.140/2015), the Resolution 125/210 by the National Council of Justice, the Civil Process Code and the Federal Constitution of 1988. This way, it is demonstrated mediation cannot be studied only with a way to solve letigiosity of the Brazilian Judiciary Power, but as a method of social competence, mainly when referring to high complexity sensitive conflicts.