Práticas e Dinâmicas dos tribunais comunitários: uma análise a partir do Tribunal Comunitário de Mafalala-Minkadjuine

Abstract

This report presents data from a survey of community courts. The objective of the research is to analyze the dynamics of the functioning of the community courts in the resolution of social conflicts and the way they are perceived by their users. Based on a study carried out in the community court of Mafalala-Minkadjuine, we seek to identify the dynamics of the functioning of this court, describe and analyze the mechanisms used by the judges in the resolution of conflicts, as well as identify the perceptions of users about its functioning. The analysis of the data showed that, the court functions as a semi-autonomous social field, producing internal mechanisms in the resolution of conflicts and, simultaneously, using the mechanisms of judicial courts in resolving them. However, these mechanisms are interpreted locally, in the light of experiences, customs, habits, perceptions and capacity cognitive aspects of court judges. And the use of such mechanisms obeys specific situations of cases that can be resolved. The court, as a social field, in the conflict resolution process, does not act in isolation, allowing the family and the community to participate in resolving them. It is perceived that it is based on this participation of different voices in solving problems that the court is able to guarantee its efficiency. Users perceive the functioning of this court, through recourse to a comparative perspective, between community courts and judicial courts. The report also stresses the existence of different perceptions about the functioning of this court, understood by the fact that the informants in this research occupy different positions. (TRADUÇÃO NOSSA)