Transcendência da processualidade para além da jurisdição: proposta de abordagem (screening) de conflitos a partir da instrumentalidade metodológica do processo e análise de experiências de desjudicialização a partir da perspectiva do conflito

Abstract

This research aimed to deepen the analysis of conflicts, to subsidize procedural instrumentality from the Perspective of Conflict. Despite the scientific-methodological progress achieved by Civil Procedural Law in the last two centuries and, more recently, the progress obtained by the so-called "alternative" methods, which - in fact - are part of an entire multi-door system of justice and conflict resolution, it was found that the choice of the most adequate method for the solution or transformation of the conflict should not be a rigid choice of the legislator or applicator (i.e it should not be a “starting point”) that stifles the conflict dynamics, but rather a “point of arrival” after the scientific and methodological application of criteria obtained from the conclusions reached by the academic triplets: Theory of Conflict Perspective, Access to Justice and Adequate Methods of Solution. Obviously, the infinity of variables in the world of facts requires that, from a scientific-methodological point of view, cuts be made and criteria created so that the choice of the appropriate method is not casuist, random, subjective or devoid of evidence, jeopardizing the solution or transformation of conflict. In this way, conflict approaches were proposed to start a shared construction of a database with screening criteria, in order to match the type of conflict with the most appropriate method to solve or transform it. In addition to translations of approaches and parameters already undertaken in foreign law, an approach to conflict was proposed and tabulated based on the method developed in this thesis, according to which we sought to identify the three essential elements in any conflicting context, namely: OBJECT(S) in dispute; SUBJECTS who are inserted in or orbit the conflicting context; RELATIONSHIPS that may exist between SUBJECT-SUBJECT and SUBJECT-OBJECT and from them formulate Inquiry Proposals that contain a Scientific Objective that could cause some Conformation in the Proceduralism. After that, an experience report of dejudicialization was carried out in the Tax Attorney Office of Vitória da Conquista, state of Bahia. The application of the methods developed in this thesis to analyze the conflicting dynamics of that city resulted in proposals for legislative changes, new bills and regulations, administrative changes and improvement of work routines aiming at greater effectiveness in conflict resolution.