A MEDIAÇÃO COMO TÉCNICA UTILIZADA NA SOLUÇÃO DE CONFLITOS PARA CONCRETIZAÇÃO DO DIREITO DA PREVIDÊNCIA SOCIAL NOS BENEFÍCIOS POR INCAPACIDADE

Mediation is a self-compositional technique for resolving conflicts in society, involving a neutral third party who helps the parties reach a consensus. This practice dates back to ancient China, where Confucian ideologies emphasized the pursuit of TAO—harmony in life and the world—seeking consensus through conciliation. In Germany, mediation focused on finding political directions for alternative dispute resolution methods within the country at the end of the 1990s. In Brazil, early references can be found in the Ordinances Filipinas, and from the 20th century onwards, mediation was institutionalized and applied in a more structured manner. The justice system continually seeks the most effective methods for resolving conflicts of interest within society. Given the importance of self-compositional methods in pursuing restorative and swift justice, this article aims to present a legal thesis for better realizing the Fundamental Right to Social Security, specifically within the context of Administrative Social Security Processes for Benefits, focusing on benefits related to the assessment of incapacity for work or habitual activity.