ALTERNATIVE WAYS OF CONFLICT SOLVING: A STUDY OF PRIMITIVE SOCIETIES AND THE BRAZILIAN NEW CODE OF CIVIL PROCEDURE

• Autor(a) principal: Pearce, Gabrielle Apoliano Gomes Albuquerque
• Data de Publicação: 2017
• Outros Autores: Albuquerque, Ludmila Apoliano Gomes
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Eletrônica do Curso de Direito da UFSM
• Texto Completo: http://periodicos.ufsm.br/revistadireito/article/view/23370
• topic: aboriginal chief; alternative ways; primitive societies.; chefe indígena; sociedades primitivas; meios alternativos.

By studying primitive societies we can perceive the presence of alternative ways of conflict resolution, despite the lack of legal regulation. The aboriginal chief was the group leader who should have good oratory, generosity and be moderator. He could not repel a conflict led to him, always maintaining peace and harmony. Thus, this paper aims to investigate the importance of conflict resolution ways and their existence since primitive societies, showing them not as a legal innovation, but as something already present in ancient societies. It also presents the rules introduced by the Brazilian new Code of Civil Procedure of 2015 with respect to these means. The nature of the research is qualitative, dealing with social facts, theoretical, through literature sources, and descriptive, with the phenomena as seen by the researcher through the hypothetical-dedutive method. The importance of this issue reveals itself in the existence of conflict resolution ways before its legal provision.