The Community As A Favorable Location For Exercising Empathy: Public Policies For Extrajudicial Conflict Solution At The Community Scope

Authors

  • Camila Stangherlin
  • Fabiana Marion Spengler

DOI:

https://doi.org/10.5433/2178-8189.2018v22n3p74

Keywords:

Community. Empathy. Public policy. Out-of-court settlement.

Abstract

In the understanding that individuals are born to live in communities, it is congruent that conflicts in the community sphere are also resolved internally. Tools such as empathy are widespread in the sense that it promotes belonging inherent in members, which is why extrajudicial methods for the solution of conflicts are effective mechanisms for achieving the pacification of interpersonal relations. This study addresses the notion of community and its importance for the development of empathy in human relations, in addition to exposing the idea of public policies in extrajudicial forms of conflict management. This research is based on literature review with the examination of legal scientific works and legislation and utilizes the deductive approach and method of monographic procedure. Since the community fosters a space for communal growth, this paper proposes the following question: how can communities, via tools such as empathy, become a suitable place for the treatment of extrajudicial conflicts? Public policies aimed at encouraging consensus-based means of dispute resolution in extrajudicial matters have gained emphasis in recent years, contributing to the valorization of community spaces for mutual dialogue and understanding  of others, as they are all individuals who hold fundamental rights.

Author Biographies

Camila Stangherlin

Doutoranda em Direito pela Universidade de Santa Cruz do Sul - UNISC

Fabiana Marion Spengler

Pós-doutora em Direito pela Universitàdegli Studi di Roma Tre, em Roma na Itália, com bolsa CNPq (PDE).

Published

2018-11-27

How to Cite

Stangherlin, C., & Spengler, F. M. (2018). The Community As A Favorable Location For Exercising Empathy: Public Policies For Extrajudicial Conflict Solution At The Community Scope. Scientia Iuris, 22(3), 74–87. https://doi.org/10.5433/2178-8189.2018v22n3p74

Issue

Section

Artigos