A Mediação Judicial no Rio de Janeiro: contribuições ao debate

Abstract

We propose here to present reflections on the practice of Judicial Mediation of Conflicts, contributing to the debates on the subject from the perspectives made possible by the experiences in the exercise of the activities of Mediator, Trainer and Supervisor of Judicial Mediators of Conflicts in the Court of Justice of the State of Rio de Janeiro. The discussions brought up in this dissertation aim to contribute to the debates on the subject, strengthening the possibilities for critical thinking about the paths that this activity has been following within the scope of the Judiciary of Rio de Janeiro. To this end, we will start from the debates of authors both in the field of Conflict Mediation and those from other areas of knowledge, among which those from the field of Social Work, whose criticisms will be addressed in their points of convergence and divergence in relation to the reality of this institutional practice. Gramscian perspectives on the State, common sense, manufactured consensus, praxis, among others, illuminate paths for understanding the unfolding of this action in the institutional space of the Judiciary, and the production and reproduction of its contradictions. Throughout this dissertation, one can find a historical perspective of the process of Westernization and methodologization of Conflict Mediation to favor understanding between nations involved in major disputes, until its arrival in Brazil, in the wake of the actions of the Brazilian Judiciary Reform, aiming to address the growing demand that was placed on the provision of jurisdiction, determined by the expansion of the State's action over the private lives of citizens, compromising its possibilities of managing the procedural backlogs that were growing. Alongside Judicial Mediation, there are also other methodologies of conflict resolution, which coexist with it and which somehow affect its methodological development. Furthermore, the emergence of legal frameworks in 2010 and 2015 have significantly determined the paths taken by Judicial Mediation today, which is why they will also be included in this discussion. The entire process of institutionalizing this practice has brought challenges that have impacted institutional actors involved in this action in different ways. The reflections presented throughout this dissertation seek ways to understand whether the potential of Judicial Mediation, as it has been developing, is aimed at contributing to human emancipation, or whether it goes against its guiding principles, reproducing inequalities, exclusion, and subjection. This intention also dialogues with the possibilities of thinking about the construction of an autonomous professional project, in which the category of Judicial Mediators can express the meanings attributed to this activity, within the scope of the class society of which we are a constituent part.