THE SOLUTION OF CONFLICT WITHIN AND OUTSIDE THE PROCESS THROUGH MEDIATION IN THE BRAZILIAN LEGAL SYSTEM: A NECESSARY CONTRIBUTION OF THE THOUGHT OF EMMANUEL LEVINAS ABOUT JUSTICE AND OTHERNESS TO REFLECTION ABOUT THE MEDIATION

Abstract

This article intends to understand how the mediation, understood through the Emmanuel Levinas´ thought about justice and otherness, can works indeed as appropriate mechanism of solution of problems, controversies and conflicts, considering that the institute conquered enormous importance in Brazilian Legal System, starting from the Mediation Act and, especially, of the coming of the new Code of Civil Process, that opened up for the appropriate or alternative mechanisms of solution of the conflicts considering the Constitution of the Republic as foudation. For this this work opted to accomplish the conceptual analysis of the mediation demonstranting its importance, concept, purpose, method and linking, treating of analyzing afterwards how the Levinas´ conceptions of justice and otherness are importante for the mediation, because they allow the strengthening of its use precisely in reason of its larger purpose of qualified social pacification. Therefore, having as theoretical apparatus the Levinas´ thought, at the end, it can be conclude that to bring the justice to the Law and understand the justice as a sociopolitical justice from the ethics of alterity enables leveraging the mediation, allowing the protection of rights inside and especially outside of the process, for the purpose of social pacification, but, for this to be possible, in the other words, for the mediation to resolve the problem, controversy or conflict is necessary that in mediation the subject understands the subjectivity of other and respect it, and do not reduce this subjectivity to the subjectivity of oneself.