A judicialização do cotidiano: representações sobre o mito do juiz na resolução de conflitos e a crise de alteridade contemporânea

Abstract

This dissertation addresses the contemporary phenomenon of the increasing judicialization of conflicts in the everyday life, investigating some of the possible reasons that lead people to seek the concreteness of Law in an attempt to resolve their conflicts. The Judiciary Power seems to have transformed itself into a unique arena into which the demands and supplications pointed out by the agonies and varied dramas converge, which are reduced in their complexity in the judicial process. Indeed, it is registered that there is a social search to transform the tensions of life in community into legal disputes. And this legal domain has occupied the spaces once occupied by other knowledge and practices, capillarizing the role of the Judiciary to the different spheres of daily life. It should also be noted that important issues are being delegated to the Judiciary, to the detriment of the Legislative and the Executive. On the other hand, it must be stressed that judges are not political agents elected by the people. Thus, along with the reasons that will be addressed to explain the phenomenon, without the intention of exhausting them, some issues relevant to otherness, the culture of fear, democracy and the exercise of citizenship, among others, will be raised. Statistical data regarding the number of lawsuits related to population growth will be presented, demonstrating the dizzying increase in entry into the Judiciary. Alternative conflict resolution measures, especially mediation, are briefly presented as possible solutions for rescuing dialogue in society and promoting a culture of peace. Finally, eight specific cases will be analyzed, as examples of common situations, which overflow the courts and which could be resolved by alternative and appropriate means of conflict resolution. The objective of the work is, then, to bring to the debate possible reasons for the exacerbation of the incumbent judicialization, comprising a movement in which the Judiciary Power becomes the mediating institution of living, and the developments that the event has caused, with the possible solutions to mitigate the problem. To this end, the proposal will be to point out some relevant impacts of the phenomenon on society and democracy, as well as to place on the agenda the mediation of conflicts as an important instrument - among many others - for resolving disputes and easing tensions. It is emphasized, opportunely, that the theme is extremely complex and subject to numerous cultural and economic variables and, certainly, it would be a utopia to list the possible causes in an exhaustive way. The methodology used was the deductive approach. The analysis of statistical data of processes was carried out, demonstrating the increase in the number of actions proposed in comparison to the population growth, and the analysis of eight specific cases that, in principle, would have dispensed with the Judiciary Power for its solution. In the bibliographical survey, books, articles and scientific journals were used. Based on the analysis of the theoretical contribution developed throughout the text, we seek to investigate and substantiate the reasons for the occurrence of the social phenomenon of transforming conflicts into legal disputes.