O diálogo dos excluídos: a mediação social informativa como instrumento de ampliação do acesso à justiça pela via dos direitos no Brasil

Abstract

This study aims to propose a methodology of mediation that is geared to the needs of the Brazilian population, especially the social sectors that suffer from lack of access to justice and, consequently, have reinforced their condition of exclusion and denial of citizenship. Based on an expanded concept of access – access to justice by means of rights – which encompasses the effectiveness of rights and participation in the conformation of the law itself, the aim was to highlight the lack of access in Brazil, as well as demonstrate that Judiciary has not been able to be an instrument for its full realization, especially for marginalized populations. In this context, it is believed that mediation can be a channel for expanding access to justice through rights for vulnerable social segments – considering, above all, the issue of the territory to foster access to democratic justice – as long as it is worked out in non-judicial scenarios and that has its methodology reformulated, so that it considers the peculiarities of Brazilian society, among which the lack of access to information and knowledge stands out. Thus, the proposal of informative social mediation built on this study is based on the sharing of information, fundamental for the realization of rights, for conscious participation and for approaching conflicts. Finally, a mediation project aimed at access to justice by means of rights that can be developed in extrajudicial spaces, which seeks to minimize social exclusion and strengthen citizenship in Brazil, was finally implemented.