New neoliberal models of government: the construction of a negotiated resolution of the conflict in Brazil

Abstract

The present paper aims to show that the conflict resolution and its discourses and practices were, from the war period in the late nineteenth century and early twentieth century to the present moment, applied to the conflicting dynamics of different areas. In Brazil and other Latin American countries, for economic reasons, due to a plethora of legal demands and due to the intend of national governments and market players to establish a new way of dealing with conflict, we highlight the process by which we are witnessing, in the public and private domain of such countries, the use of extrajudicial methods and instruments in different spheres of action and debate than in the context of traditional public arenas. Through conducting a conflict resolution field genealogy, as well as by historicizing the creation and amending of legal and institutional base of these countries and by the identification of social management strategies developed by market players, we try to demonstrate that the mentioned field is the result of changes occurred in the capitalist system, notably in its recent neoliberal form. This indicates the need for deeper analysis of the decision-making process in the extrajudicial sphere over the possible "solutions" to the problems and conflicts in society.

Keywords

• resolución negociada
• esfera extrajudicial
• gestión social del territorio
• Brasil
• América Latina