A vulnerabilidade na mediação: a adequação da imparcialidade do mediador para a proteção dos vulneráveis

Abstract

This dissertation aims to analyze the protection of vulnerable litigants through the adaptation of the principle of impartiality in mediation, with the goal of granting the mediator an active role in overcoming procedural vulnerability. The research is justified by the expansion of access to justice brought about by the incorporation of the multi-door system model into the Brazilian context, as established by the 2015 Code of Civil Procedure (CPC/2015), which prioritized autocompositive mechanisms for conflict management, social issues, and grievances. The study is based on a paradigm that conceives access to justice as a social right, seeking to understand who accesses justice and how this access occurs in the Brazilian reality. To this end, the dissertation presents the context of access to justice and vulnerabilities to provide a concept of procedural vulnerability. It then analyzes the Brazilian multi-door system, addressing its concept, structure, and conflict management methods, with an emphasis on mediation as a mechanism for transforming conflicts. Finally, it proposes a reinterpretation of the principle of impartiality in mediation, adapting it to the paradigm of access to justice as a social right, while committing to overcoming procedural vulnerability and presenting instruments and techniques for protecting vulnerable litigants. The research employs the deductive method, with a qualitative and exploratory approach, using bibliographic and documentary techniques. It concludes that the mediator may adopt an active partiality to eliminate procedural vulnerability without compromising their impartiality.