A mediação de conflitos na teoria da democracia de Hans Kelsen

• Ano de defesa: 2018
• Autor(a) principal: Bezerra, Tássio Túlio Braz
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal da Paraíba; Brasil; Ciências Jurídicas; Programa de Pós-Graduação em Ciências Jurídicas; UFPB
• Palavras-chave em Português: Mediação; Democracia; Teoria; Fundamentação; Kelsen; Mediation; Democracy; Theory; Fundamentation; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.ufpb.br/jspui/handle/123456789/13776

The present work articulates a debate between the mediation of conflicts and contemporary democracy, with the object of investigation the theoretical foundations of mediation in contemporary democracy. Thus, it is intended to answer the following problem: To what extent is it possible to identify in Hans Kelsen's Theory of Democracy a theoretical basis for the mediation of conflicts in contemporary democracy? For this, it is presented as a working hypothesis: The mediation procedure allows the production of an autonomous norm in interpersonal conflicts, similar to the one performed by the majority method for social macroconflicts, based on the assumptions of Hans Kelsen's Theory of Democracy. The research consists of an eminently theoretical study, with the use of the deductive method, with the finality to base the mediation of conflicts in the contemporaneity, from the assumptions of the Theory of Democracy of Kelsen. Throughout the paper the concepts of conflict and contemporary democracy are discussed, as well as the main theoretical approaches on conflict mediation, based on the analysis of social (Latin American and Anglo-Saxon) and theoretical-practical models of regulation (satisfactory mediation, circular-narrative, transformative and transforming). A comparative study on the development of conflict mediation in Brazil and Italy is also carried out by analyzing the normative regulations and types of mediation in both countries.