MEDIATION AND RESTORATIVE JUSTICE: LAW-TEACHING FOCUSED ON DIALOGUE, COMMUNICATION AND CITIZENSHIP, AND THE EFFECTIVENESS OF HUMAN RIGHTS

Abstract

The effectiveness of human rights depends primarily on understanding the human being, their living conditions and participation in a position of centrality, radiating the recognition of its relevance on the orientation to the development of the teaching of law. Thus, this article presents the imprescindibility of the adoption of human rights as the guiding axis of the didactic-pedagogical projects of law courses, he challenge of which is the conduct of these projects in an inclusive manner and connected with the fundamentals and fundamental objectives of the República Federativa do Brasil and fundamental rights and guarantees, providing cross-cutting treatment to related content, oriented towards (and) dialogue, communication and citizenship. In this regard, the methodological approach of research involves an analysis of real conditions for the development of pedagogical processes that privilege the clarification, freedom of critical thought formation, enhancing emancipation, the development of pluralistic and democratic values and the transformation of the student. The studies focus on specialized works on Human and Fundamental Rights and scientific articles dealing with the implementation of human rights, its interrelationship with education, citizenship and, after all, with effective access to justice, with specific cutout in recent inclusion, in the national curriculum guidelines of undergraduate law courses, in Brazil, of essential and mandatory content, called “Consensual Forms of Conflict Resolution”. Compulsory mediation teaching, as one of these consensual forms, will be a breakthrough for legal training in Brazil and the development and effectiveness of human and fundamental rights, given its vocation to the culture of Peace, tolerance, solidarity, respect and production of differences and, therefore, equality and inclusion. The challenges to higher education in law are therefore of creating a condition for the possibility of disseminating the culture of human rights, supporting the constant construction of them.