The culture of sentence

notes for thinking about the difficulties faced by mediation and conciliation in the brazilian judicial power

Abstract

The present work aims to address the difficulties faced by mediation and conciliation within the scope of the Brazilian Judiciary, with a view to a society accustomed to managing its conflicts through the search for the decision of a third person, which hinders the implementation of the means of solution of consensual conflicts. For this, a method of deductive approach was used, since it is based on the premise that the culture to the sentence installed in Brazil impairs the use of mediation and conciliation. Furthermore, the objective is to analyze the conciliation and mediation and the difficulty of its implementation within the judiciary, in which its great importance of conflict resolution. With this research, it is concluded that mediation and conciliation, despite legislative advances, still face obstacles in the system of the Brazilian Judiciary, either due to the absence of structure and personnel trained to hold the hearings, or by the lack of knowledge and trust of society in this method of conflict resolution, because they are already accustomed to seek the figure of the judge to decide conflicts.