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sábado, 18 de outubro de 2008

"DEPLOYMENT OF THE ALTERNATIVE SOLUTION OF CONFLICT AND ITS APPLICATION IN THE LEGAL SYSTEM extra in the State of Ceará SERVICE WITH A VULNERABLE GROU

Contents


Introduction ................................................. .................................................. .................... 3 / 5
Line Research ............................................... .................................................. ......... 6 / 8
Problems ................................................. .................................................. ..................9/13
Goals ................................................. .................................................. ..................14/23
Rationale / Conclusion ............................................... ................................................ 24 / 25
Research Methodology ............................................... ............................................26/28
References ................................................. .................................................. ..............29/31

Introduction

After analyzing the reasons and initiatives to combat sluggishness of Brazilian justice, it appears that the model adopted is not enough, the lack of efficiency and speed in the exercise of monopoly of jurisdiction by the state. The doctrine advocates that justice should be equally accessible to all and produce results that are individually and socially fair and should ensure the rule and not just proclaim the right of all. Due to the inefficiency of the state, are new ways to solve the social conflict, calls for alternatives because the parallel jurisdiction, such as arbitration (ARBITRATION JUSTICE), conciliation and mediation, the latter being perfectly applicable to conflicts of family and neighborhood because it allows the maintenance peace in social relations. I have seen in practice, as Judge Arbitration (Article 18 of the law of arbitration), that some Police station in the Brazilian states, being the first institution sought by persons in front of a dissatisfaction, not necessarily the commission of a crime, developed own mechanisms to resolve the conflicts presented without an obligation to guide them to the Judiciary, I believe that this procedure is put into a discussion about the legality of that procedure under the DPs. I believe that the "DEPLOYMENT OF THE ALTERNATIVE SOLUTION OF CONFLICT AND ITS APPLICATION IN THE LEGAL SYSTEM extra in the State of Ceará SERVICE WITH A VULNERABLE GROUPS", can produce results satisfactory to people, finding that hope benchmark in the period in which he is, as discente, Masters at the university, making these findings by analyzing the statistics of care offered and scientific research of similar projects that already operate in other states of the republic, with support from the Ministry of Justice of the Federal Government. Enter here as a theoretical guide the following thoughts:
"As alternative mechanism out of character and autonomous, mediation, conciliation between focusing on the parties and the restoration of social relations, showing himself as skilful way of resolving the conflicts sociological and enabling the effective social peace." (Grunwald, 2004, p. 2).

1.1 - MODEL.

This draft aims to start an academic study that could result in a dissertation research in the subject line: Evaluation of Public Institutions, Institutional Programs and Projects - with the program of Master in Public Policy and Society at the State University of Ceara, that this presentation takes place within the context of selection of eligibility for the period of 2008.

I hope that the draft presented now, once accepted into the program, to develop: the means for the "DEPLOYMENT OF THE ALTERNATIVE SOLUTION OF CONFLICT AND ITS APPLICATION IN THE LEGAL SYSTEM extra in the State of Ceará SERVICE WITH A VULNERABLE GROUPS".

We can, and hope to do within the course, promoting the analysis of how can the state of Ceara, be the practical application of alternative forms of dispute settlement among the most critical in terms of assistance from the existing public apparatus. In addition to discussing the legality of such procedures.

The State University of Ceara is an institutional space for scientific research, however, the practice in some states of the federation be demonstrated, the university, a place conducive to realization of such forms of settlement of conflict, where teachers and students act as arbitrators (judges ), Mediators and conciliators. The goal of such practices is the use of new ways of coping with violence and crime, adjusting to the requirement for the modernization of social control and combat these phenomena.

Under the project which will be discussed in the course of time of our attendance at academic masters will consider some aspects of the length and effectiveness of Brazilian justice, based on statistical data showing that our justice is far short of expectations and aspirations of the population, which is feel dissatisfied with the performance of the Judiciary, which does not give the proper access to justice in all its aspects. An examination of the grounds and initiatives taken to combat the problem of slowness, and a study of the existing doctrine on the issue of access to justice. Overcome this phase, will be examined alternative ways of solution or resolution of conflicts, since its origin, evolution and application in the present. Will be studied the mechanisms of arbitration, conciliation and mediation, with primary emphasis in the last two subjects, they are more important for the purpose of implementation of the goals of work end, the culmination, without losing sight of the deployment of Arbitration in the person of Justice Judge Arbitration.

Finally, you made an analysis of the practical application of alternative forms of settlement of conflict in the state of Ceara, especially in the metropolitan region of Fortaleza.

The work is concluded with the presentation of a project in which the institutional ARBITRATION PUBLIC JUSTICE, despite the lack of official mechanisms that address the conduct of arbitration, mediation or conciliation of disputes, under the administrations of government, state and municipalities.