MEDIAÇÃO E CONCILIAÇÃO: A idealização teórica e as nuances práticas

Abstract

This article will focus on the studies that guide mediation and conciliation, raising analyzes about theoretical idealization and practical nuances. In this perspective, the problematic of the theme originates from the following question: do the institutes of conciliation and mediation have nuances in relation to their theoretical idealization in parallel with their factual results? In this sense, the general objective of the research seeks to analyze the practical frameworks that involve conciliation and mediation in order to verify their nuances, while the specific objectives intend to observe the historical evolution, concepts and some important postulates that guide conciliation and mediation; analyze the principles and new molds brought by the new Code of Civil Procedure concerning the theme; highlight some practical and current information about the institutes in the screen and; demonstrate their positive and negative sides in light of doctrinal positions. For this, the methodology used was the juridical-sociological one, since it intends to understand the juridical phenomenon in a wide social scope, however, such research is justified by its profound importance, both juridical and social, demonstrating the essential role of mediation and conciliation in the current social and legal situation in Brazil.