THE LEGAL-INTITUTIONAL CONSTRUCTION OF NEGOTIATED RESOLUTION OF CONFLICT IN BRAZIL

In this article, we aim to identify the initiatives carried out in the legislative to achieve the reform of the justice system, developed in Brazil starting in the 1980s.We intend to demonstrate that these initiatives involve a process of legislation expansion – contrary to a worldwide tendency of downsizing it – as a means of regulating extrajudicial organs, methods and instruments for dealing with conflict. Furthermore, we aim to emphasize such process as the result of the struggle of certain “rule makers” which, in creating and imposing rules, seek to reconfigure the understanding of the “pacifying” function of the state when dealing with conflicts, justifying their actions through speeches that reinforce the extrajudicial means as the way to make the conflict resolution “quicker”, more “peaceful” and “consensual”.