THE ROLE OF MEDIATION AND CONCILIATION IN THE MANAGEMENT OF MIGRATION CONFLICTS

A CRITICAL ANALYSIS OF ITS MECHANISMS AND RESULTS

Abstract

The contemporary migratory crises have highlighted the need for countries to cooperate in providing humanitarian aid for the reception of migrants and refugees, in order to guarantee them the essential conditions for a dignified life with respect to human rights. However, in the context of fragility of social relations and the reconstitution of contemporary community ties, migratory conflicts have arisen as a result of the distorted perception of migrants and refugees, who are subjugated and invisible within the social sphere as enemies. In this way, the present research proposes a critical debate about the Brazilian performance within the system of international protection of human rights, in order to demystify the roots that guide the prejudices against the foreigner, who are symbolically marginalized within Brazilian society. In this regard, the study will seek to analyze the possibility of applying restorative methods, through public policy created within the scope of the Judiciary with the publication of Resolution nº 225/2016, by the National Council of Justice, as instruments of social pacification for migratory conflicts, by deconstructing stigmas against refugees and migrants, with a view to guaranteeing the building of solid bases for the effectiveness of human rights for all individuals. Such a study will be based on the use of exploratory research, with bibliographic and documentary procedures on Restorative Justice and its methods of application.