A mediação como meio alternativo de resolução de conflitos. Aspectos contemporâneos da mediação de conflitos em Portugal e Brasil

• Autor(a) principal: Aquino, Rodrigo Tuchtenhagen
• Data de Publicação: 2023
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/154788
• topic: Mediação; Princípios; Confiança; Meio alternativo de resolução de conflitos.; Mediation; Principles; Trust; Alternative means of conflict resolution; Direito

This study aims to analyze mediation as an alternative means of conflict resolution and its contemporary aspects in the countries of Portugal and Brazil. The theme aims to address issues about the two laws in force in each country, demonstrating the relevance that this mechanism has and that has been presenting increasing importance in the legal systems of both countries. It is of utmost influence to include this practice in the society in front of the innumerable positive points and benefits that it brings to the citizens, with the due protections and guarantees of the rights that are assured in the course of the mediation and fundamentally to perceive the authentic dimension that this method contemplates since the initial act until its closing, even if unfruitful of agreement, however detaching to the effects decurrent of these agreements in fruitful case. In this dissertation, we briefly analyzed the history, with deepening in the arrival and implementation of this alternative means of conflict resolution in Portugal and Brazil. Analyses were made under the notions, concepts and guiding principles with legal support in Law No. 29/2013 of Portugal and Law No. 13.140/2015 of Brazil pointing the trajectories until their due consecrations relevant to conflict mediation with due mentions of other legislation that accompany or address this content in its legal text. Still, this paper explores mediation as the most appropriate means of alternative conflict resolution in view of the elements that consider the conflict as a mediable case presenting at the end the effects resulting from this procedure. However, it was verified at the end that although it has not yet reached the excellence that one can or wants to achieve with the mechanism of conflict mediation, it ensures and protects citizens who decide to resort to it with robust legislation and with governmental, academic, and enthusiastic incentives of this alternative means of conflict resolution in favor of social pacification.