DIREITO, IDENTIDADE E UMA NOVA AGENDA DE CONFLITOS: SOBRE A PRECARIEDADE DAS GRANDES NARRATIVAS UNIFICADORAS E AS POSSIBILIDADES DA MEDIAÇÃO

This paper aims for showing that mediation is the best form to manage identity conflicts. We suppose the idea that this kind of conflict requires dialog, joint understandings, arrangements, what is never achieved by decisions pronounced by an impartial third party. The agents in conflict must speak and hear, they must leave their position of absolute and non negotiable identity, and must value the position and the sense of being another one. If identities are understood as antagonists and rivals, amongst them there will be no room for communication. In this case, after all, to mediate is foremost a necessity than a choice; it is a condition for the possibility of democratic cohabitation of the differences.