Conflict Mediation and the Pursuit Of Happiness in the Context of Human Rights

• Main Author: Carla Maria Franco Lameira Vitale
• Format: Article
• Language: Portuguese
• Published: Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) 2015-12-01
• Series: Revista de Direitos Humanos e Efetividade
• Subjects: Busca da felicidade, Mediação, Direitos humanos
• Online Access: http://www.indexlaw.org/index.php/revistadhe/article/view/121

This current work aims to contextualize the principle of the pursuit of happiness, institute that is not legalized in the Brazilian system, but it has been used to support important decisions. It is expressly provided in several human rights diplomas and international legislation, which supports the relevance of the subject. The concept of happiness is subjective, but the fact is that the man in his universal essence, search it as a form of satisfaction and pleasure. It also intends to demonstrate that mediation, as an appropriate method of resolving conflicts and guarantor way of access to justice can be an effective instrumet to achieve the desired happiness, to the extent that those involved are encouraged to seek the best solution to satisfies the personal desires and, above all, the dignity of the human person.