Name: BETÂNIA TEODORA ANDRADE DA SILVA
Publication date: 01/06/2020
Advisor:
Name |
Role |
|---|---|
| BRUNELA VIEIRA DE VINCENZI | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| ADRIANA PEREIRA CAMPOS | Internal Examiner * |
| BRUNELA VIEIRA DE VINCENZI | Advisor * |
Summary: The authors of classical liberal contractualism and German Idealism
are credited with elaborating adverse philosophical currents capable of
explaining the origin of society from the elements that form human nature and
the motivational genesis of the conflict. The contemporary philosopher Axel
Honneth, based on Hegel's reading proposes an analytical model of society
that conflicts are no longer seen as an intrinsic characteristic of human
beings to represent an anomaly stage in interactions, originated from one or
repeated experiences of morally justified disrespect. It is from this reading
that we take the conflict as a tool capable of expressing agendas regarding
physical integrity and human dignity that, when taken to the sphere of law,
can lead the individual to a positive self-understanding of himself, or, on
the other hand, they can reaffirm the experience of disrespect that
originated it and expand the negative self-understanding that prevents them
from fully exercising their identity within the spaces in which they
participate. With the election of Honnetian theoretical base, along with the
empirical elements found in statistics and social indicators, this research
aimed to correlate and understand the need for a philosophical and
sociological reflection in the application of conflict treatment methods in
the judicial sphere, especially in the self-composing, ostensibly fostered by
laws of Brazil. The hypothesis studied is that when improperly applied or
poorly conducted, the self-composing method of dialogical basis can lead to
an exponential increase in frustrations and social illnesses that make
effective pacification impossible, what, which, although initially providing
the quantitative result desired by the National Policy for the Treatment of
Conflicts, in the long term it will result in the return of these demands to
the judiciary on a new guise, also frustrating the qualitative improvement in
the exercise of the judicial function. In addition to offering a concise
theoretical analysis for the defense of the proposed hypothesis and creating
solid reflective bases for the continuation of research related to the theme
we were able to verify that the application of self-compositive methods of
dealing with judicial conflicts must consider the factors of social
differentiation that unbalance and prevent an effectively fair dialogue
within demands for recognition, that this practice must be exercised through
an appropriate division between formal and material equality in the specific
case; and that in the Democratic State of Law the Judiciary must actively
contribute to realizing the social model of the constitution, which is done
through a humanized treatment of the demands that allows the full recognition
of all individuals.
