Normative analysis on alternative means of resolving the community conflict in Venezuela

Abstract

At the national level, the alternative means of resolving the community conflict have been positivated in a variety of normative instruments that become special of the content regulated subject; in this sense, the purpose of this is to analyze the nature and scope of the rules that regulate the alternative means of conflict resolution in the community in Venezuela, coming to reveal their antinomies and legal gaps with the rest of the legal system. The methodology used for carrying it out is the integrative-holistic on the law referred by Witker (2008). There it is argued that the rules governing the alternative means of resolving the conflict –and particularly at the community level– are public both in nature and condition by virtue not only of acquiring such a condition by the subject that regulates them –which are in principle intended to meet collective needs and the general interest–, but also for the purpose pursued institutionally. It is concluded that the Venezuelan legislation appreciates compliance with the constitutional mandate to promote them, however, at the time of translating it into the standard, it incurs in errors of legal technique.