Solução de conflitos empresariais: uma nova perspectiva

Abstract

The thesis has as its object and background the analysis and reflection on the existence of techniques or ways of resolving conflicts typical of closed communities (such as the university ones in the state of São Paulo), and often, minority and marginalized communities (rural communities in the state of Roraima and riverside population of the state of Rondonia), and how it can applied to the company. The methodology is qualitative inductive, based on case studies, from the diagnosis of the investigated communities and subjective indicators (declaratory), with the use of open interviews (script). The starting hypothesis is that, given the continental dimension of our country, there are techniques or forms of conflict resolution, typically local, more similar to what we know as negotiation, which if recognized and disclosed, can add value to the conflict resolution system, as a whole, and even impact on the resolution of those that ocurred within the companies - which nevertheless do not qualify as communities, in the sociological sense, for having a rigid hierarchy, are organized as groups of individuals with a purpose, identity and commom values - , contributing to social pacification and the consequent reduction of litigation, with the attraction of investments to the country. In the course of the research, what is concluded is that these typically local or community forms of conflict resolution, despite being similar in some points, are not characterized, neither as negotiation, nor as any other method or conflict resolution, as defined in the laws and object of study in the academy, presenting a unique and characteristic method, with its own procedure and techniques. Then, we begin to reflect on how the use of these typically local ways of resolving conflicts can contribute to access to "justice" in the broadest sense and to the consequent social pacification; noting that the meaning of "justice" for the communities studied is diverse, not limited to the solution of conflicts, which are usually solved within the community itself ny its own mechanisms, which are part of its "justice system", but going beyond, encompassing social and citizenship aspects. In the field research, three conflicts are presented, resolved through peculiar mechanisms to the "communities" investigated, which was chosen to be generically called a dialogical collective method of conflict resolution, with procedures and techniques similar to those of the "dialogical collective negotiation", which are described. In the end, it is concluded that, characterizing the company as a group of individuals with a common purpose, identity and values, such method can be applied to it, from the perspective of a multiport system, and its recognition and dissemination, in many ways, can contribute to the resolution of business disputes and to the development of the Brazilian dispute resolution system as a whole, attracting investment to the country; which ends up confirming the hypothesis raised.