ACCESS TO JUSTICE AND COVID-19: ONLINE MEDIATION IN THE EXTENSION PROJECT

Authors

  • Thyery Rossales Soares UNISC
  • Fabiana Marion Spengler UNISC

DOI:

https://doi.org/10.17058/rjp.v12i1.17425

Abstract

Due to the Covid-19 pandemic and the health situation in which the country finds itself, there was a resignification of the role of the Judiciary and in the form of conflict resolution, adopting the necessary technologies to carry out this purpose. The extension project "The Jurisdiction Crisis and the Culture of Peace: mediation as a democratic, autonomous and consensual means of dealing with conflicts" developed by the University of Santa Cruz do Sul together with the Public Defender's Office, covering the municipalities of Gramado Xavier, Herveiras , Passo do Sobrado, Santa Cruz do Sul and Sinimbu, performed virtual consultations. Mediations take place through the GoogleMeet platform, safeguarding the mediators' right to confidentiality and impartiality. In 2021, 47 consultations were carried out, with 66 people served. The rate of agreements reached was 59%, 25% of the mediations did not result in an agreement and in 16% of the cases the mediates did not attend the session. Online, mediation went beyond the sphere of the Santa Cruz do Sul district, reaching other locations, municipalities and states and allowing people to participate without having to travel. The main focus of mediation is that the parties can re-establish dialogue, aiming not only at agreement. Thus, it is undeniable that online mediation has been a major advance in access to justice in pandemic times.

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Author Biographies

Thyery Rossales Soares, UNISC

Law Student at the University of Santa Cruz do Sul - UNISC. PROBEX Scientific Initiation Scholarship. Extension Project Scholarship: The Jurisdiction Crisis and the Culture of Peace. Member of the research group: Public Policies in the Treatment of Conflicts, linked to CNPq, led by Post-Doctor Professor Fabiana Marion Spengler, with vice-leadership of Professor Master Theobaldo Spengler Neto. Paid intern at the office at the Court of Justice of Rio Grande do Sul - TJRS from 2019 to date. Email address: thyerryrossales@gmail.com

Fabiana Marion Spengler, UNISC

Research Productivity Scholarship (PQ2) from CNPq. Graduated in Law from the University of Santa Cruz do Sul (1994), Master's in Regional Development from the University of Santa Cruz do Sul (1998). She holds a PhD in Law from the University of Vale do Rio dos Sinos (2007) with a CAPES grant and a post-doctoral degree from the Universidade degli Studi di Roma Tre (2011) with a CNPq grant. She is currently an adjunct professor at the University of Santa Cruz do Sul, teaching the subjects of Civil Law - Family, Civil Procedure I, Mediation and Arbitration, and in the postgraduate course with the Master's and Doctoral Program in Law, the subjects of "Public Policy in the Treatment of Conflicts" and "Public Policies for a New Jurisdiction". He has published several books and scientific articles. Developed consulting activities with the United Nations Development Program - PNUD -, within the scope of the BRA/05/036 project carried out by the Secretariat for Judiciary Reform linked to the Ministry of Justice. He is the leader of the research group "Public Policies in the Treatment of Conflicts" certified by CNPQ. Leader of the Research Network on Human Rights and Public Policy (ReDiHPP) (site: http://bit.ly/1LePnPi). He is a member of the international research group "Dimensions of Human Rights" (http://www.ijp.upt.pt/page.php?p=298), maintained by the Instituto Jurídico Portucalense (IJP). He is a member of the Mediation and Restorative Practices Commission of the OAB de Santa Cruz do Sul. Received an Honorable Mention in the Capes de Theses 2008 Award. Received first place in the SINEPE/RS 2010 Award in the Social Responsibility category for the extension project in Mediation (UNISC). It was the winner of the X Conciliar é Legal Award, promoted by the CNJ, in the Higher Education Category, also with the Mediation Extension project (UNISC). She is a mediator.

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Published

2022-09-21

How to Cite

Rossales Soares, T., & Marion Spengler, F. . (2022). ACCESS TO JUSTICE AND COVID-19: ONLINE MEDIATION IN THE EXTENSION PROJECT. Revista Jovens Pesquisadores, 12(1). https://doi.org/10.17058/rjp.v12i1.17425

Issue

Vol. 12 No. 1 (2022)

Section

CIÊNCIAS SOCIAIS APLICADAS

License

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