The problem of local and global in mediation: the emancipatory perspective and the agenda of World Bank to the reform of peripherical judicial systems
Keywords:
Mediation, judicial systems reforms, World Bank, globalization.Abstract
The present paper discusses the influence of the World Bank guidelines on the adoption of alternative practices of conflicts composition as strategies for the reform of the judicial systems in the countries of Latin America and the Caribbean, especially in the case of Brazil. If on the one hand, the guidelines question, ultimately, the efficiency of traditional justice systems monopolized by State, by others end up strengthening conservative legal practices, since they encourage universal models of conflicts composition. In this context, counterbalance the local and the global means opposing two mediation models: 1) in view of the influence of the neoliberal quantitative agenda, put as essential the practices of mediation directed to the interests of large corporations which finance this agenda; 2) in the face of emancipatory perspective, a practice of community mediation, aimed at a project of a progressive and effectively democratic society. Therefore, this paper intends to oppose these two models in order to discuss the ideological and theoretical principals that transverse each of them.Downloads
Published
Issue
Section
License
COPYRIGHT
The submission of originals to Direito & Justiça implies the transfer by the authors of the right for publication. Authors retain copyright and grant the journal right of first publication. If the authors wish to include the same data into another publication, they must cite Direito & Justiça as the site of original publication.
CREATIVE COMMONS LICENSE
As this journal is open access, the articles are allowed free use in scientific and educational applications, with citation of the source.
According to the type of Creative Commons License (CC-BY 4.0) adopted by Direito & Justiça, the user must respect the requirements below.
You are free to:
Share — copy and redistribute the material in any medium or format.
Adapt — remix, transform, and build upon the material for any purpose, even commercially.
However, only under the following terms:
Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests Direito & Justiça endorses you or your use.
No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Notices:
You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
For more details on the Creative Commons license, please follow the link in the footer of this website.
