A contribuição da mediação Waratiana para uma sociedade mais fraterna

Abstract

This dissertation intends to analyze the evolution of social relations and the alternative forms of conflict resolution from the perspective of modern society. With the institutionalization of the Civil Procedure Code, Brazil, in recent years, has considerably expanded the scope of controversy management, a scenario in which conflict mediation has gained new viewers. Given this statement, taking into account the need and the importance of the Law to accompany the changes of society, this work seeks to understand the reason why the effectiveness and applicability of alternative means of handling controversies are experiencing difficulties. Divided into three parts, the first chapter analyzes the development of social conflicts in the legal field, so that it is possible to demonstrate the need for the Law to be constantly updated; in the second, it seeks to establish some perspectives on communication in the twenty-first century, a time when, faced with Niklas Luhmann's communicational thinking, problematizing the weakness of human relations and consequently of dialogue; in the third part, it proposes, through bibliographic research, to analyze the alternatives of conflict management and the affective mediation of Luis Alberto Warat, exploring the consequences of modernity in this practice.