Abstract

GARCIA LEAL, Laura. Diversification of Ways for Resolving Conflicts as Public Policy. Frónesis [online]. 2008, vol.15, n.1, pp.96-115. ISSN 1315-6268.

The duty the State has to protect the threatened rights of persons is not satisfied only by organizing an efficient, honest, transparent judicial power; it demands that other mechanisms for resolving controversies be offered and supported, which could turn out to be socially more valuable if they make possible and improve the future relationship among the parties. If the previous statement is accepted, it is necessary to analyze some aspects that are conceptual and about the judicial power underlying alternative systems to what is strictly jurisdictional, for resolving conflicts.  Starting with an analysis of the theory of conflict and decision, this study proposes to determine the inadequacies of traditional justice and social conflict, the need to reinterpret justice in the light of new realities and, through this interpretation, transcend from a formal legality to real justice that implies accessibility for the citizen, transparency, suitability, autonomy, independence, responsibility, equity and rapidity.

Keywords : Alternative means for conflict resolution; public policy; de-judicializing conflicts.