Acesso à justiça pela perspectiva relacional: a abordagem de interação empática como via de acesso à justiça infantoadolescente

Abstract

The present research aims to present, based on the contributions of Martin Buber's philosophy of relationship, the perspective of access to justice based on the relationships between the actors who work in the spaces of justice and their recipients. From this perspective, a methodology called empathic interaction approach was developed, structured in three phases: connection, care and collaboration, with the objective of building relationships based on proximity, reciprocity and dialogue, in a way to promote experiences of justice that contribute to the protagonism of people in the solutions of the conflicts experienced, in the transformation of the reality in which they are inserted and in the construction of new rights. Bearing in mind that the field of access to justice from a relational perspective is vast, the application of this methodology was restricted to the scope of Guardianship Councils as strategic spaces for access to justice for children and adolescents, prioritizing the guarantee of rights, the confrontation and prevention of violence, in accordance with to the innovative and protective precepts of the Constitution of the Republic of 1988 and the Child and Adolescent Statute (Law nº 8.069/1990). To fulfill the scope of this work, the methodological approach adopted was the legal-sociological. It was used theoretical research combined with field research through interviews with guardianship councilors from several cities in the State of Minas Gerais. The data obtained allows to understand the structural and personal conjuncture of the Guardianship Councils, as well as to identify practices that approaches to the methodology presented, resulting in the effectiveness of rights, and others that go in the complete opposite direction, which allowed us to validate the Approach of Empathic Interaction as an effective way to access justice for children and adolescents.