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- Title
Cultura do litígio versus meios autocompositivos e a efetivação dos direitos da personalidade na pós-modernidade.
- Authors
da Silva Gregório, Daniely Cristina; Giublin Teixeira, Rodrigo Valente
- Abstract
The judicialization of social controversies is a practice already rooted in society. It is observed, however, that this conduct overwhelms the Courts, affects the quality of the state judicial service, the effectiveness of rights and often does not meet the expectations of the conflicting parties. Thus, the objective of this research is to analyze the culture of litigation and how self-compositive means of conflict resolution can help to overcome it and guarantee rights, especially regarding to personality rights and the post-modern crisis of ethical values. The deductive method is used, as well as an analysis of works and scientific articles and a careful verification of Brazilian legislation. It is concluded by the importance of self-compositive means as a way of enforcing personality rights, since there are many benefits resulting from their use and their transformative social function, both in relation to the conflicting parties and to the reflections of post-modernity.
- Subjects
RIGHT of publicity; ACTIONS &; defenses (Law); CULTURE
- Publication
Prisma Jurídico, 2023, Vol 22, Issue 2, p232
- ISSN
1677-4760
- Publication type
Article
- DOI
10.5585/2023.22778