Mediação judicial de conflitos no Brasil: uma perspectiva da análise ecológica do direito

Abstract

The main objective of this work was to verify whether the theory of autopoietic social systems, developed by Niklas Luhman, could shed new light on the understanding of judicial mediation of conflicts. The research promoted a dialogue between sociology, legal theory and civil procedure. Using a literature review methodology, the research identified a partial view established by the traditional perspective of mediation that locates effectiveness in terms of a problem of intersubjective communication, in a premise of a society formed by individuals. The systemic theory has uncovered a dimension of intersystemic problems that has led to the proposition of a mediation oriented towards the provision of sustainability to the environment through an ecological analysis of lawThe main objective of this work was to verify whether the theory of autopoietic social systems, developed by Niklas Luhman, could shed new light on the understanding of judicial mediation of conflicts. The research promoted a dialogue between sociology, legal theory and civil procedure. Using a literature review methodology, the research identified a partial view established by the traditional perspective of mediation that locates effectiveness in terms of a problem of intersubjective communication, in a premise of a society formed by individuals. The systemic theory has uncovered a dimension of intersystemic problems that has led to the proposition of a mediation oriented towards the provision of sustainability to the environment through an ecological analysis of law.