Da cultura do conflito à cultura do diálogo : análise performativa do discurso afetivo nas sessões de mediação familiar

Abstract

The performativity of the discourse of people involved in family conflict mediation sessions goes beyond the homogeneous and into the phenomenological dimension of the conflict. Thus, as the main objective of this research, we sought to analyze the performativity of the discourse of the parties during conflict mediation sessions in the processes of marital relationship breakdown and parental relationship maintenance. To this end, we adopted action research as a methodological practice and a qualitative approach to theoretical and analytical research. Three court cases were selected from the Third Specialized Family and Inheritance Court (in Portuguese: Terceira Vara Especializada de Família e Sucessões) in the district of Várzea Grande, in the state of Mato Grosso, whose multicultural knowledge production space features communication as a driving force for maintaining the parental relationship. The results revealed a deep immersion in the performativity of discourse during family conflict mediation sessions. By a qualitative approach, it was found that local cultural expressions played a crucial role in the dynamics of the court cases analyzed. Action research provided an in-depth look at the intersection between oral and bodily discourse, revealing phenomenological layers of conflict often not captured by traditional methods. The narratives obtained revealed significant nuances in the social lives of the disputants, allowing for a more holistic and sensitive understanding of the identities and cultural diversities present. It was therefore concluded that, in times of social transformation and crisis of values, the identification of local cultural expressions through the reception of their narratives, the understanding of how these manifestations are interwoven in the social life of the litigating parties, and the recognition of the cultural identities and diversities brought up in the parties' discourse, make this research relevant to the academic milieu of contemporary culture and legal studies, since it has made it possible to understand the new encapsulated and generative signs of this very liquid society of which we are, paradoxically, protagonists, supporting actors and spectators.