The purpose of this study is to establish a Chamber of Mediation and Conciliation in
the Legal Practice Core of Higher Education Institutions in the State of Tocantins, in
order to achieve access to justice and promote Human Rights. The work was born of
the concern generated by the experience in teaching in higher education and in the
coordination of the Legal Practice Core. Thus, it is a general objective to demonstrate
the feasibility of a mediation and conciliation chamber in the Legal Practice Core of the
Institutions of Higher Education of the State of Tocantins and, therefore, specifically
aims to present a portrait of the Brazilian justice, as well how to understand the concept
of justice from the perspective of John Rawls (2000) and access to justice from the
standpoint of fundamental rights and human rights. It will be necessary to analyze
contemporary forms of negotiation, especially mediation and conciliation. Regarding
the issue of legal education, the objective is to identify the socio-educational function
of the Law course, analyze the historical context in which it was inserted and the
reflections of it for the present. In this sense, it will also be necessary to identify the
socio-educational and professional role of the Legal Practice Core, and also to analyze
the pedagogical documents of the educational institutions of the State of Tocantins and
of a Higher Education Institution of national reference, being chosen the Getúlio
Vargas Foundation for having A conciliation and conciliation chamber has been set up
since the year 2002. At the end, propose a step by step how to implement a Chamber
of Mediation and Conciliation, effectively and articulated with the Judiciary. Regarding
the methodology, the triangulation of several methods is considered, in this case, the
documentary, comparative and teleological hermeneutic with deductive and empirical
approach. The ideas that brought consistency to the study about the need to insert
alternative methods of conflict resolution are related to the report that gave treatment
to the Renovation Waves of Mauro Cappelletti and Bryant Garth (1988). The reform of
legal education, considering the ideas of Tercio Sampaio Ferraz Junior (1978), Vicente
Barretto (1978), San Tiago Dantas (1978), conclude that Edgard Morin's thinking
(2003) concludes a lagged, archaic, dogmatic, segregated and elitist teaching. As a
result of this, as a non-positivist thinking is adopted in this work, seeking to insert other
forms of conflict resolution, in the same way, to form critical agents through higher
education institutions, it is also based the research in the concept given to "paradigm"
By Tomas Khun (1992). This apparatus seeks to demonstrate the urgency that resists
the paradigm shift that requires to overcome the exclusively positivist and dogmatic
thinking in the application of Law and Justice. Studies on the Mediation and
Conciliation institutes were carried out under the watchful eye of Fredier Didier Júnior
(2015), Tereza Arruda Alvim (2015) and Marcus Vinicius Rios Goncalves (2015). How
to implement the Chambers of Mediation and Conciliation is based on the norms
emanating from national and regional laws, as well as the Operational Plan for the
Implementation of CNJ Resolution 125/2010 by the Consensus Methods of Conflict
Resolution of the state of Tocantins Permanent Core.
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