Políticas de incentivo à implementação de métodos consensuais de solução de conflitos na formação jurídica com vistas às novas adequações normativas.

Abstract

The present work was thought from concerns that arose during an academic training in Law. These concerns are driven by a constant curiosity to know how the Judiciary system and the HEIs in the legal area work or plan to work on consensual conflict solution mechanisms with a view to not only unburdening the judiciary, but also promoting conflict solutions from a more humanitarian perspective, more effective, fairer, in short, based on a peace agreement based on the reestablishment of ties between the parties. The relevance for the Judiciary cannot be denied, since the implementation and/or expansion of these mechanisms also makes the system faster and, therefore, providing greater access to the Judiciary. Therefore, this research had as its main objective to know the policies that encourage the implementation of consensual methods of conflict solution in legal training, as well as to bring a case study and to know how curricular adaptations occurred or occur by normative force. In order to understand this situation, I chose, as a method, to interview a coordinator of a Law course at a private higher education institution, addressing the challenges, and what were the necessary changes with a view to adjustments, in view of the regulations about the obligation to include in their curricular structures the discipline, until then optional, of consensual conflict solution. With the analysis of the results of this research, it is concluded, firstly, that we are still far from an effective conciliatory practice in social demands due to several factors. Secondly, although there are several studies contemplating consensual methods of conflict solution, for the most part, basically theoretical, one still perceives a procedural and litigious culture in emphasis and, probably, this culture is a reflection of the Judiciary System, which impact, therefore, on legal training. Therefore, this study corroborates research that has been carried out, not only about the challenge and the process of implementing curricular contents in their curricular structures, but also with what degree of effectiveness the implementation of this discipline can significantly contribute to legal education in the measure that would provide a new vision, detachment from the culture of litigation and, therefore, the search for a culture focused on the solution of social conflicts, through extrajudicial actions. The study concludes that it is not enough to implement the respective discipline, but rather to develop it transversally, throughout the training, along with the other disciplines, in a constant and interdisciplinary debate. Keywords: Curriculum Matrix. Consensual Conflict Solution Policies. Legal Education. Normative. Culture of Peace.