Aproximação entre a justiça como equidade de John Rawls e a mediação como política para resolução de conflitos

Abstract

The present research intends to demonstrate, from the hypothetical-deductive method, the points of approximation between mediation, as a conflict resolution mechanism and the theory of justice developed by John Rawls, because it is a selfcompositional method whose differential is the reestablishment of the bond between the conflicting ones, encouraging the construction of solutions through active participation, while the Rawls model is based on the principles of freedom and equality (respect for differences), signed by the subjects themselves for the social organization, being gathered in an original position of equality and shrouded by the veil of ignorance, which will allow the removal of influences arising from personal conditions in the choice of parameters. However, the occurrence of divergences arising from human coexistence is common, despite the existence of normative regulatory rules of society, so, for the resumption of balance, it is necessary to adopt adequate mechanisms for conflict resolution, including mediation. In order to answer the research problem outlined above, the dissertation was divided into six chapters, the first being the introduction; the second on the main elements of Justice as Equity; the third on social conflict and some theories on the subject; the fourth on the methods of conflict resolution usually adopted in Brazil (self-administration, negotiation, conciliation, mediation, arbitration and adjudication); the fifth on specific aspects of the mediation mechanism; the sixth on the approximation of Rawls' theory and mediation and, finally, the conclusion, indicating the references used throughout the research.