Mediation Between Teodoro e Vadinho: a Waratiana Analysis of the Institute's Inclusion of Conflict Mediation in the Brazilian Judicial System

Abstract

This text analyzes the mediation institute, through a dialogic reading with the waratiano thought expressed in the book "Legal science and Her Two Husbands", emphasizing the dual stance that institute can take when on the one hand want the systematization rules and on the other, relegating such regulation to strengthen the focus on otherness, aimed at conflict transformation and rescuing sensitivity. In order to verify this dual approach, formulated the following research problem: The systematization of the institute of conflict mediation, can take Theodoro profile, removing the bias Vadinho, as reported by Warat in the book "Legal science and Her Two Husbands "? In order to answer to the proposed problem, the work has the objective to discuss the rules systematization of mediation from waratiano thought. And on the following objectives: a) to study the faces of the conflict; b) the institution of mediation and their schools; c) to study the mediation by waratiana perspective and of "The legal science and Her Two Husbands" and its systematic rules for dealing with conflicts Already, the theoretical study of agenda-up study in the literature, based on readings several legacy works by Luis Alberto Warat, relying on a deductive method. There are many models of mediation, however, the mediation proposed by Luis Alberto Warat emphasizes the rescue of sensitivity, aimed at restoring the bonds crushed by conflict, recognizing the differences and promoting otherness, removing thus a normative rigidity to identify a looser profile, more Vadinho.

Keywords

• Luis Alberto Warat
• Mediação
• Alteridade
• A ciência jurídica e seus dois maridos