A constitucionalização da solução pacífica de conflitos na ordem jurídica de 1988

In the Brazilian legal context, conflict resolution is studied and analyzed over a majority jurisdictional view, which is one of the reasons of litigation culture that creates a jurisdictional resolution hopeness. The practical impact of such reality is the loss of quality in the public service of the judicial function, moved, as a rule, by the overcrowdings, slowness of legal procedures and the relegation of peaceful resolution methods to peripheral plan. However, the Federal Constitution of 1988, following the Ordinary Law constitutionalization phenomenon provides specific guidance about the values towards the litigation resolution. The study, therefore, aims to approach the constitutionalization of conflict resolution in order to identify, through scientific and spiritual interpretation in conjunction with the systematic paradigm, what are these values, as well as operation and legal representation and practice of these measurements. In this sense, the thesis is to study the initial point of the analysis of conflict theories and explanations about the culture of litigation matched with concepts of creation and interpretation, constitutionalization, access to justice and social pacification public policies. It is used for this purpose, the logical-deductive method with the aid of the dialectic immanent in Law

A crítica hegeliana do entendimento e a perspectiva da razão

The aim of this work is to present the critic of Hegel to the form of thinking of the Understanding (Verstand) and the perspective of a new concept of Reason (Vernunft) or rationality that then appears, and this tends as base the three moments of the logical process (the moment of the Understanding, Dialectical and the Speculative) presented by Hegel in the Encyclopedia of the Philosophical Sciences. It will be shown that this critic is done immanent to the own philosophy of Hegel, because the Understanding is so much the object of the critic, as one of the moments that constitute the own process logical-dialectic (method dialectic) that defines the rationality hegelian. Starting from that insert of the Understanding in the own Reason, we will see that the critic of Hegel won't just feel in a destructive way, in a such way that the Understanding totally goes denied, but before it will elevate this same Understanding at the level of the Reason speculative, removing like this your assumed place of absolute university of the truth and pointing it in your true place.