Jurisdição: uma percepção a partir das teorias dos conflitos e das teorias das necessidades humanas

Abstract

The current judiciary crisis calls into question the purpose of jurisdiction. On the other hand, conflictology studies have demonstrated the relationship between conflicts and needs in identifying and treating them. Given the above, the following question arises: to what extent does the adoption of theories of conflict based on human needs allow for a gradual change in the concept of jurisdiction? To answer this question, the methodology used was of a theoretical nature, with a qualitative approach to the problem, in a descriptive-explanatory way regarding the objectives, with a hypothetical deductive method, a means of experimental investigation and bibliographical research as an investigation technique. The hypothesis of the present work is that adopting human needs as the basis of the conflict and, therefore, elevating its service to the purpose of the jurisdiction implies loading it with a meta-legal content. Still, this being the purpose, there is no prohibition for other entities, in addition to the State, to exercise this function, that is, to meet needs, which does not presuppose the replacement of the subjects, but, on the contrary, can be carried out by the subjects in conflict themselves, even cooperatively. Therefore, for the purposes of this work, jurisdiction is conceptualized as a state or non-state function (I) to manage conflicts, problems and social dissatisfaction (CPIS) (II) through a third party that can act in substitution or in cooperation with the involved subjects (III) to meet human needs (IV).