NONVIOLENT COMMUNICATION AND JUDICIAL DISPUTE RESOLUTION: THEORETICAL FOUNDATIONS AND POTENTIALITIES FOR CONSENSUAL CONFLICT RESOLUTION

Abstract

This article investigates the theoretical foundations and potentialities of Nonviolent Communication (NVC), as systematized by Marshall B. Rosenberg, as an instrument for qualifying judicial dispute resolution, with emphasis on consensual conflict resolution within the Brazilian Judiciary Centers for Conflict Resolution and Citizenship (Cejuscs). The research problem inquires into the epistemological foundations that sustain the relevance of NVC for the legal field, the points of convergence between this approach and the normative principles governing consensual resolution under Brazilian law, and the conditions and limits of its application within the Cejusc context. The methodology is bibliographic, with a qualitative approach, combining deductive and inductive methods, and drawing on doctrinal, legislative, and normative sources. The findings indicate that NVC rests upon a robust philosophical framework — grounded in the ethics of alterity and recognition, the theory of communicative action, and dialogical pedagogy — fully compatible with the objectives of consensual justice established by CNJ Resolution No. 125/2010, the Code of Civil Procedure of 2015, and Law No. 13.140/2015. It is concluded that the integration of NVC into Cejusc procedures has the potential to overcome the limitations of a litigation-oriented legal culture, to qualify jurisdictional efficiency in its substantive dimension, and to contribute to the consolidation of a culture of peace grounded in mutual recognition and authentic dialogue between the parties.