BETWEEN AUTONOMY AND VULNERABILITY

The Effectiveness of Consensual Conflict Resolution Mechanisms in the Microsystem of Guardianship/Protection of the Elderly as Instruments of Access to Justice in the Brazilian Legal System

Authors

DOI:

https://doi.org/10.12662/1809-5771ri.129.6071.p126-128.2025

Keywords:

Elderly person, Conciliation, Mediation, Vulnerability, Access to Justice

Abstract

The growing aging of the Brazilian population imposes relevant challenges on society and the State in the quest for the realization of fundamental rights. The microsystem for the protection of older adults demands legal instruments that promote access to justice in a swift, peaceful, and efficient manner. This article addresses the effectiveness of consensual conflict resolution mechanisms as tools for realizing the fundamental right of older adults to access justice, prioritizing the principles of private autonomy and human dignity in the face of their vulnerability. Based on a bibliographic and qualitative methodology, the article aims to understand how these mechanisms fit into the context of contemporary Brazilian legal system. It is concluded that conciliation and mediation, due to their dialogical nature and inclusive techniques, contribute to the autonomy of older adults, reducing litigation and strengthening a greater culture of social peace.

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Author Biographies

Lea Magalhães Barsi, Christus College - Eusébio

Lawyer, Specialist in Constitutional Law, and Master in Law and Conflict Management. University Professor and Extension Coordinator. Judicial Mediator certified by the CNJ.

Holds a degree in Law and a Postgraduate degree in Constitutional Law from the University of Fortaleza. She holds a Master's degree in Law and Conflict Management from the University of Fortaleza. She provides legal consulting services with the goal of promoting, teaching, and disseminating greater social appeasement (or pacification). She develops intervention projects in schools, universities, and public and private institutions regarding mediative conflict resolution techniques. She is a University Professor and Extension Coordinator and considers conflict mediation a passionate and impactful path for societal transformation.

Nathália Lima Pereira, unichristus

Master's Degree in Constitutional Law from the Federal University of Ceará; University Professor at Christus College - Eusébio; Judicial Assistant at the Court of Justice of the State of Ceará.

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Published

2025-11-28

Issue

No. 129 (2025): Ed. Suplementar II

Section

Artigos Originais

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