THE CRISIS OF THE STATE AND THE CRISIS OF JURISDICTION: (IN) EFFICIENCY TO FACE SOCIAL CONFLICT

The Judiciary lies in the center of the main debates in the last decade. Such debates point to its crisis, wich arise the need of physical, personal and mainly political structural character reforms. The crisis intensifies whe observing the raise of the "private" character instances in the treatment of social conflicts and alongside, the lost of space in judicial/state acting as a mediator, what becomes a risk to democracy. The encouragement of these private instances happens mainly becouse of the growing social complexity, pointed by new roles developed that reflect, on the other hand, is shaping of new and unusual realtions, wich the main consequence is the multiplication of power centers. At this moment it is possible to see the retraction and the mismatch between functional jurisdiction of the State and its current conflictuous complexity. Emerged as a way to guarantee harmonic and pacific coexistence among the individuals members of the social groups, the jurisdiction (while state monopoly of law application) appears and provide itself of coercion power. This fact deviates/should deviate, progressivly, private justice, considered as a guarantee of personal right execution.