Fomento à autocomposição de conflitos e sustentabilidade

Abstract

The culture of autonomous conflict resolution is being encouraged in Brazil as an integrated element to Judicial System and procedural reforms, and the autonomous methods of resolution are seen as an alternative path, less costly and more effective, to providing the demand for justice that once remained concentrated in the juditial path. The State takes, increasingly, a legal stance of consensus towards civil society. It turns to social participation in decision making and public activity control. Under a parameter of sustainability, it is recommended that access to justice takes a multicultural form, that decision making be inclusive and responsive, that solutions are adequate to local reality and that citizen responsibility is attributed to collectivity and its components. Departing from such manifestations of sustainability, and through their constrast with the potential of autonomous forms of conflict resolution, one can conclude that there is a reciprocal influence between the fomentation of autonomous conflict resolution and the principle of sustainability. Encouraging autonomous conflict resolution interferes positively in increasing sustainability, given that a successful culture of selfcomposition increases inclusiveness, responsiveness, and access to justice. At the same time, selfocomposition methods and fomentation towards them should be influenced to aim at its sustainability building potentials, which rely less on perfecting the juditial system, through settlements, and more in empowering citizens, amplifying actual access to justice, developing a rationality based on the other and constructing social capital in private iniciative, families, communities, and collectivities.