Conciliator-judge, a role of the conciliator for the relieving of judicial offices from the constitution

Abstract

The function of the conciliator understood only as facilitator that helps the parts to manage the solution ofthe conflict by themselves, 1 consider that is in crisis because it has focused on the purpose of relieving of the judicial offices, forgetting that it is an instrument that propitiates the communication among them, dispensing the result. This, under the perspective of relieving of the judicial offices, allows to formulate an investigation hypothesis, from the 116 article ofthe Constitution, according to which the individual when he acts like conciliador, exerts jurisdictional functions, this is as heterocomponedor. Hypothesis that has being developed in the investigative project "The crisis of the alternative methods of conflict resolution". Such behavior ofthe individual, implies an attitude that defines him as a conciliador-judge, which decides and solves the controversy, assigning rights and obligations in case that the parts are in a situation of total antagonism and ir s no possible to conciliate. So that the conciliation as condition ofprocedibility fulfills the purpose for which was instituted: "the reliving ofjudicial offices".