OVERCOMING LEGAL DOGMATICS IN HANDLING CONFLICTS AND IN THE DEMOCRATIZATION AND EFFECTIVENESS OF LAW

Abstract

For a long time, legal dogma has been highly effective in organizing and limiting the powers of the State and, in particular, in regulating life in society. However, it often fails to be effective in resolving conflicts. Therefore, the study is based on the following question: how can processes of resuming dialogue between people serve as a mechanism for resolving conflicts that prioritizes the sensitivity and autonomy of the parties involved, contributing to the democratization of the Law and its greater effectiveness? The theoretical study, with a deductive approach, has an explanatory character, carried out by technical, bibliographical and documentary procedures, and shows that currently, legal dogma has not been able to deal with the treatment of conflicts between citizens, relying instead on mediation as a way of reestablishing dialogue between the people involved. Although this way of dealing with conflicts does not exclude the law and cannot be adopted for all conflicts, there is an indication that, through it, legal dogma has often been overcome and, at the same time, corroborated the effective democratization of law in the treatment of conflicts.