A cultura [e a cultuação] do litígio: por uma transformação na formação jurídica

Abstract

The present research is the consideration of the possibility of a change in the educational, especially legal education with a view to entail the adoption of a new mentality, a new attitude of society against conflict and its resolution, avoiding as much as and where this is possible, its judicialization. The hypothesis with which it works is that this change may be able to slowly and gradually, enabling every citizen to acquire their individual emancipation, overcoming addiction rooted social conflict resolution is determined by a 'Third party' (and unconnected neutral). In this [new] panorama that proposes individual would be endowed with the ability to take responsibility, in a mature and autonomous, attempting to resolve their own conflicts, at least before it ascends to the Judiciary. Besides that, the present. Not enough the current scenario, typical of the so-called post-modern societies, there is still a culture in Brazil litigation marked by a kind of worship to litigation, where the hope of 'solution for all ills' is facing the gates of Judicial Power. Unquestioned that reading vainglorious and unrealistic Article 5. °, XXXV, the Brazilian Federal Constitution of 1988, inspiring the warranty does not waive the Judicial Power or "Access to the courts" helps to increase greatly the causes which amount to the judiciary, because obvious invitation to litigation. In this list of situations this work rushes in order to examine whether it is possible to promote a change of mindset and belligerent in domestic society, reversing the supremacy of the courts as an organ supposedly peacemaker of social conflicts. An effective change of mentality, not only the professionals of law, but the entire community could contribute to effective access to justice (or perception of fairness). What is proposed - notably in Chapter III of this study - is that these new ways of thinking and dealing with conflicts are widespread from an early age, already called basic education (and not only in legal education) in order to educate citizens aware of their responsibility in the formation and resolution of conflicts. Perhaps looking at the "same" from a new angle, a new perspective, whether the proposal of this paper. The study proposed here is shown to be contextualized, especially in the current situation, in which the ideal of justice undergoes deep changes, including (re) creation of new paradigms of efficiency and functionalization of law. Therefore, a contemporary study aim to foster the promotion of a leap to full access to justice, while leaving to the judiciary, where possible, only the analysis of complex causes or unsolvable by other methods. As this is a descriptive study, this will be based on literature, using primarily the inductive method. The initial goals could not / can be immediately measured as to their achieving, since, as musty, any change of mind is not reached quickly, although it can be said without any remnants of doubt, that the study topic as relevant does not end here, nor fit exhaust it in such narrow limits.