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Rethinking the Lawyer's Role in Justice

The document suggests rethinking the profile of the lawyer in the context of a new model of social state of law and justice. A Venezuelan university has conducted a thorough study to shape the competencies, attitudes, and values of the new lawyer, which has led to changes in the law curriculum. The goal is to train professionals with ethics and social awareness to serve justice and the needs of the community.
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© © All Rights Reserved
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0% found this document useful (0 votes)
9 views8 pages

Rethinking the Lawyer's Role in Justice

The document suggests rethinking the profile of the lawyer in the context of a new model of social state of law and justice. A Venezuelan university has conducted a thorough study to shape the competencies, attitudes, and values of the new lawyer, which has led to changes in the law curriculum. The goal is to train professionals with ethics and social awareness to serve justice and the needs of the community.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

8

Rethinking the Lawyer's Profile in a New


Model of the Social State of Law and Justice
Denyz Luz Molina Contreras*

The Lawyer shall have as the guiding principle of his actions to serve justice, to ensure freedom.
and the Ministry of Justice.
Code of Ethics of the Venezuelan Lawyer

Resumen: Se trata de resignificar el perfil del abogado o abogada en el contexto de un nuevo modelo de estado social
of Law and justice, as well as, to open the discussion between traditional training and the training proposed by the
current society and specifically, the new spaces and areas of action for graduates in the Law degree
our universities. It is proposed, as a practical case of resignification of the profile, the curriculum of the career
de Derecho en una universidad venezolana, donde hemos abierto una profunda discusión sobre las competencias,
attitudes and values of the new lawyer who will operate in a new model of social rule of law and
Justice in our country. Keywords: Rethink, profile, social state model, justice, lawyer.

Rethink the profile of the lawyer He is a lawyer with ethics and morals who claims the
new Republic; for which our University is
We started by raising the discussion on the role
has given the task through the participation of a
of the Latin American lawyer
important group of experts, lawyers, are studying-
causes of change and transformation of society
yes, and representatives of the community to carry out a
tual, marked by inequality and dehumanization
exhaustive study, which has allowed to configure the-
that governs the application of justice, with espe-
key lines that we have inserted into the new
significant meaning, we focus attention on the form-
the Venezuelan lawyer's action, which is conceived in the curricular design of law studies, which
framework of the Constitution of the Bolivarian Republic
represents a true leap forward and will allow
the training of lawyers that truly brings
from Venezuela, since its formation as a teacher-
they will lower in harmony with social reality; leaving
professional with a deep social sensitivity and with a
set aside strictly capitalist criteria, which per-
high sense of ethics, morality, justice, peace
they exist to this day, in almost the entirety of the
and freedom.
universities worldwide.
Traditionally, the lawyer is trained to
It is necessary to put an end to those ideas, according to the
contender, which is not overlooked within the new-
in the training model, but it should be emphasized that Which lawyer remains cloistered, in a
office or similar place, waiting for the problem to carry on
development of competencies of the graduate in Law,
I go up to him; and once that happens, he tries to re-
As a social leader, aware of the needs of the
to solve it in a purely liberal way, with one's back turned
collective, in which case it must be a critic of the rea-
to the social environment. The new professional must be pro-
reality with ethical and moral sense, in order to be able to assess
to develop the individual in a holistic way, and, if necessary,
active, dynamic, able to locate the dilemma by itself
river, to advocate for the creation and implementation of new same and resolve it with full awareness of the ne-
needs of the group.
these institutions within the legal framework,
On the other hand, the education of the Lawyer, and of
that allow for security and true justice
any professional must be democratic, which
the social conglomerate.
it means that the student should be encouraged to participate

* Doctorate in Curriculum Design from the University of Valladolid, Spain. Associate Professor at the National Experimental University.

from the Western Plains "Ezequiel Zamora"; member of the curricular commission of the Law Degree-Unellez. Specialist
in Educational Guidance and University Teaching. Level I Researcher PPI, Ministry of Science and Technology, Caracas, Venezuela.
Correo: opeiunellez@[Link], greyluz@[Link].

REMO: Volume VI, Number 16


9

actively participate in the training process, and it should be structure the contents and subprojects offered in
allow questioning and criticizing the teaching that re- the curriculum of the Law Degree, to the
be, the teacher's pedagogical style, among others as- effects of providing the future professional with an adequate
aspects, all of this, within the pre-established parameters of comprehensive training in accordance with the present and future
blessings. That same democratic character brings as of the State with Legal Sciences.
consequence of the fact that higher education This implies changes in both the conception of
it must be inclusive, without allowing anything within it the training plans of the graduates of the career-
no type of discrimination, every Venezuelan must of Law as the attitudes and values of the pro-
to be able to access it. legal professionals. The practice of law does not
The Law Degree aims to train professionals can be seen as a commercial task. The process-
with a clear awareness of the ethical meaning of their ac- it must aim to achieve justice
activity, therefore demands from universities a pro- hello, as expressed in the Constitutional Text and in
fund review and analysis of the social relevance of the lawyers must practice their profession
curricular designs that support their training, their under that conception. It is precisely under this con-
epistemological, teleological, ontological and text that conveys a vital significance the exercise
practice so that I can respond to the demands of the profession of lawyer and it is the only way
of the human, historical-social phenomenon. The changes to claim and grant the true dimension to the
social, technological, educational, political, and cultural norm contained in article 2 of the Law of Lawyers
they have influenced them predominantly in the hundred- two in accordance with article 2 of the Code of
legal entities determining law as an instruction- Ethics of the Lawyer, which explicitly state:
social mentoring, which provides solutions to conflicts
The practice of law requires dedication to
from society through a new vision of Law,
study of the disciplines that involve the defense
linked to the validity of Human Rights, inco-
of law, of freedom and justice, to the service of
incorruptible moral solvency and the fight for justice
human being in society, which influences and
social, framed in the Constitution of the Republic
is affected by reality.
Bolivarian of Venezuela; it is for this reason that the ca-
The Law organizes society and assigns to each
Law degree must respond to planned problems
person a specific position and role.
tea leaves within the social environment, demanding new
Establish a framework of action for each person
competencies of the lawyer.
to the social group, providing security to the
These competencies undoubtedly constitute
individuals, social groups and the structure model
the logical criteria, the updated knowledge, the dis-
social rotation of the State.
legal treza and the reflective criterion of the future teacher
The Law organizes and regulates the functioning
professional legal response to adequately allocate
of the State, institutionalizes a security system
overcame the demands imposed by the competition
dad and social control; fulfills a function of
of the medium.
prevention and education and guides people
In general, the Law degree of the universities
to adopt behaviors considered so-
public and private data do not reach to provide the necessary
especially good.
meets the demands of a high academic level
The law seeks to make the type of person a reality
mice, provoking open discontent from the
in society that the state needs. It is expressed-
society and therefore the little importance of session of the prevailing system of values in a society
the professional associations.
dad and a vehicle for the transmission of the my-
The above compels us to reflect on the fun-
mos.
foundations that underpin our programs of es-
study to be able to achieve with seriousness and solidity,
The history of Venezuela, marked in these last
as a guarantee in the job performance of our
five years for the transformation of the structures
graduates.
economic, political, social, cultural, and educational
The social and legal advances that take place in
about the recent legal reforms that have
worldwide level, undoubtedly also influence in
accompanied, in the opinion of scholars and specialists
the position that the University must take to provide
demand for historical review and update of the
response to the problems of society, reason for
Law and the legal and social institutions, of
the urgent need to re-

Mexico, January-April 2009


10

positive legal order and the formation and The University aims to train professionals
exercise of the legal professional, directing the of the Law that through their work make the just credible
formation of the graduate in this career towards new it addresses society, and with a capacity to achieve the
paradigms centered on humanization and dev adjustment of the Law to the new historical conditions
the personal-social and professional profile of the graduate cases. Jurists who, from research, the application
at the service of the community. and legal analysis can enhance the role of the
The training of the graduate in the Law Degree lawyer in reality and contribute to achieving their
they should have justice as their guiding principle, presenting themselves effectiveness in the pursuit of justice.
as an essential element of the exercise of the profession, TheUNELLEZhas the certainty that the training
since it is not possible to handle a right without justice cultural, ethical, technical, and investigative that proposes
because it would even cease to be Law to transfor- In the Study Plan of the Law Career, not
simply surrender in forms of domination for- it is only a historical necessity to which from its
the strong against the weak; even the mission as a University, of social inspiration, is
a known Roman aphorism established: where there are no just ones- ready to respond, but also the condition of
where there is no justice possibility to adapt Venezuelan law to
there may be Law). the new historical conditions, generated from
In correspondence to that review process and the approval of the Constitution of the Republic Bo-
historical update of Law and of the Institutions Venezuelan Constitution of 1999, the reforms that are
Legal actions in Venezuela, we propose the con- they have operated in the administration of justice in ours-
formation of study plans that includes subjects three country.
trips aimed at strengthening general training, The law conceived from this perspective
reflexive, anthropocentric, and communicational of the egre- aims to enhance the role of the legal phenomenon
sado, subprojects oriented towards teacher training in the lives of men and women; make reality the
specific professional with marked mastery of knowledge social justice, legal security, and the common good,
thoughts, skills, abilities, attitudes and values enshrined in the Constitution of the Republic; and to
for the performance of the planner roles of the promote the transformation of social structures
justice, social researcher, advisor/orientator in- the unjust and guarantee the justice desired by the
general, administrator and university teacher. society.
TheUNELLEZaware of the importance of the Law-
FFOUNDATION OF THELAW DEGREE
cho in the life of society and his own role in
the Venezuelan reality, upon adopting the present Plan A significant advancement at the Lla university
The Study aims to effectively contribute to the way we Westerners "Ezequiel Zamora", has been the de-
training of jurists who, from their specific function, definition of curricular guidelines for the construction-
move, guarantee and respect fundamental rights curriculum development of the degrees at UNELLEZ, which
mental states of people we want the profesio- taking as a basis different pedagogical conceptions
As a graduate of our program, I acted rigorously. The pedagogical and curricular approaches gave rise to a unique model.
scientific dad and with conviction and firmness in the afirm- that conceives integral education as the development
training and defense of the Law always with full res- balanced in cognitive and non-cognitive dimensions
peto a la persona humana y tolerancia de las diver- initiatives, that is, in the dimensions: anthropological,
sas ideas. sociological, ontological, and epistemological of the for-
Likewise, it is proposed to contribute to the training training of the students.
of social change agents, which must be a teacher- Authors like Flórez (1999) argue that a mo-
humanist professional, interested in knowing and understanding delo is a conceptual tool for understanding
of social reality (local and global), oriented towards the good some event. In education, the model is fundamental-
common to justice and truth, which since its end- in the paradigms of pedagogy that are embedded
action in the legal-political life of Venezuelan society in the teaching-learning process.
encourage, ensure and defend a model This model can explain and respond in a...
of a fairer social organization that responds to the a systematic and coherent approach to questions such as:
ethical demands of the people that is embodied in the 1. What is the concept of man that we want to shape?
Constitution of the Bolivarian Republic of Venezuela sea?
Venezuela (1999).

REMO: Volume VI, Number 16


11

2. What is the concept of teaching that we should tivas, needs and motivations of students
promote? product of their social and cognitive demands and the
3. What is the concept of learning that we should learning experiences that the teacher promotes
assume? pain during training. The model by competencies
4. What is the concept of evaluation that is intended integrated professional teams require to focus on the for-
to promote? formation in learning and not in teaching.
5. What types of strategies can be considered? Furthermore, the relevance in training demands the
to achieve the planned goals? student participation in activities of
research, extension and training related to the
Pedagogical Foundation fields of professional performance and to the communi-
It is summarized that the center of the educational process from its context, throughout the entire career.
Teaching has the purpose of education.
it will be participative learning methodologies
integral of the students and is carried out with processes
and self-reflective where the student in their form-
guided by the appropriation of knowledge and grow-
acquire knowledge and develop skills
lie of each person.
skills, abilities, attitudes, and values to act as
All of the above leads to a formatted curriculum
planner, administrator, researcher-teacher
vo, flexible, interdisciplinary, integrated, open and of
advisor-mediator, in judicial and social processes,
addressed to the individual, the family, the community and the autonomous learning.
society in general. Philosophical Foundations
The training of the Venezuelan lawyer
The person is the center of Unellist philosophy, for
will be nuanced by a transversal axis called
Hello, the training process is framed within a
social research and community social service, with
profound humanism, this implies recognition
the end of putting the student in contact from the
of human dignity, respect, fraternity, the
first semesters and throughout the entire degree with
service to the community, sympathy, and hope in
the problems of the individual, family, and community, and
man, as the ultimate end of the universe.
to form civic, humane, and solidarity consciousness
Unellist philosophy is a philosophy for the esen-
through their participation in legal advice and the individual's consciousness as an individual and social being, it en-
preventive and developmental social character.
mark within Zamorano and Boliva's thought
Through action research as a methodology-
riano, which is why his concerns transcend to
value for the construction of learning theONE-
man as individuality, and it manifests with a
LLEZ, through this study plan promotes
deep social and environmental sensitivity in
would occur in the law student who
general. Also as a theoretical body that per-
three essential pillars in its proposed formation by
establishes the contact of science with faith and justice that
theUNESCO(1998) for the promotion of education makes science and technology possible without it being necessary
of quality with a sense of integrity: Learn to I can lose our faith in God, the Supreme Being who guides.
conocer: conocimiento. Aprender a hacer: habilida-
our steps.
skills and abilities. Learning to live together: attitudes.
The axiological and value elements constitute
Learning to be: values.
apothegms, that is to say they are the set of values that
Equity in higher education concerns,
we promote in the subject in training, are the or-
well, both to access and to the conditions and opor-
the justice, the common good and peace, elements that
opportunities for successful student performance,
has pursued humanity throughout its history inde-
well, we are convinced that equity, as
regardless of physical space, time, or reason
principle and as a challenge of higher education in Venezuela
political and ideological of any kind. Every society
Zolana should also consider the conditions that
search for elements of balance that imply peace and the
enable better processes and educational achievements with-
justice as values inherent to social coexistence.
considered in terms of comprehensive training, de-
roll of competencies and entering the world of Psychological Fundamentals
professional relationships. The training process is based on different...
The relevance of teaching and learning psychological conceptions, which range from the proposals-
yes, it implies a dialogical relationship between expectations-
Jean Piaget's theories, which deal with the behavior of the

Mexico, January-April 2009


12

people involving intellectual and emotional factors sociopolitical in the refounding of the democratic state
tivos, and the learning process as construction tame and sovereign.
individual product of holistic experiences, such as
Anthropological and sociological foundations
a well-organized whole that comes from within ha-
cia outside, from thought to action. We cannot build a study plan without a
In Ausubel's theory, which deals with learning previous idea of man and therefore his true function
it is significant and the previous experiences, actions the foundation lies in a solid anthropological conception
essential in the subject's learning, for Ausubel Gica. The University of the Western Plains 'Eze-
Meaningful learning requires two conditions Quiel Zamora must take on the commitment to identify
absolutely essential. Firstly the identify with a set of basic principles, such as
disposition of the subject to learn significantly like:
and the resources or materials that may be related The man is a somatized being: a holistic whole
with the subject's previous experiences. as a biological, psychic, and spiritual unit.
Vygotsky's socio-culturalism grants special The being of man is the result of inheritance,
attention to social relationships and the valuation of the of the environment and personal development.
learned constructions of the individual in their context Man is an intra-temporal being, with a past,
to social as a basis for mental elaborations that present and future, it is in permanent evolution,
they would lead the subject to meaningful learning. in constant becoming always making reality
More recently, the theories of intelligences in itself.
multiple (Gardner: 1983) express that in learning- Man is an open being because of his intelligence,
there are educational implications that the teacher- capable of improving and being the master of his own destiny
sorado must assume when stating that we all have no.
multiple intelligences and different combinations of Man is an entity open to the world that can
those intelligences (verbal, logical, mathematical, espa- improving your capacity to achieve starting from
social, kinesthetic, musical, interpersonal, and intrapersonal
their experiences.
and that we must develop them in a context of It is a cultural being, because it perceives and assimilates the
multiexpressive and multisensory learning. culture accumulated by past generations
Sociopolitical Foundation and is capable of generating new culture.
The training process should not lose sight of the fact that
From these principles, a foundational conclusion derives.
our nation possesses a state of law, social and
mentally, man is neither good nor bad by nature
democratic that tries to make our society
but rather its essence lies in being perfectible, because
more equitable, participative, fair, and protagonist. Thus
and must ascend in its development, with exercise
the training will be directed towards respect for the rules of its freedom, in a stimulating social environment, that gives it
more legal and the institutions established legitimately
respect and favor their evolutionary process.
truly, the guiding principles of democracy
participatory and protagonistic, autonomy and equity Legal and Social Foundations
dad and in respect to private liberty, which are The new model of the State:
find themselves immersed in the phenomena of globalization
and internationalization. The training will focus on Democratic and social state of law and justice
transversal criticism as a key element for hi.
students promote in academic debate and Achievement of happiness and integral development of the
individuals.

The training will have criticism as a transversal axis.


key element for students to promote in the
academic and sociopolitical debate...

REMO: Volume VI, Number 16


13

Achievement of justice. 3. Cultivate in the future lawyer, social sensitivity,


Justice as a social, political, and democratic fact honesty, probity, and spirit of justice in be-
tico. benefit of all.
Link of affinity between justice and society. 4. Emphasize and promote your research capability
action, for an effective social service to your community.
Different perspectives of justice:
5. To empower the university student for performance of
Justice as a model of state. a plurality of public or private functions,
Justice as the supreme value of the state. with full effectiveness and high ethical value.
Justice as the end of the state. 6. To train the future lawyer for critical analysis
Justice as an organizational element. and reflective of social reality and interprets
Justice as the purpose of every judicial process. enforcement of the laws.
7. Develop research skills in the student
These perspectives would lead us to rethink the way you, oriented towards the critical development of the system
selection of the new lawyer who claims the legal and its application to social reality, situating-
republic and therefore the concept of formation that I serve as an actor and facilitator of the processes of
this is reflected in the study plans of the degrees social change and development, using the Law
of the country's Law as an instrument of social regulation, resolution
OOBJECTIVES OF THE STUDY PLAN of conflicts and the construction of a new society
just and brotherly dad.
General Objective 8. Promote, based on the analysis of the legal phenomenon
1. To train high-level legal professionals, I say and about its role in human and social reality,
the formation of a critical and transformative consciousness
with solid scientific, technological, and human bases
mysticals, who have a deep knowledge of madora, fostering in the future lawyer a spirit-
the science and legal techniques, which makes them into rite of perennial search and updating of roots
legal experts, capable of using it as scientific positions, technically qualified before
self-regulator and transformer of reality the challenges posed by historical reality.
social, participating in the development and implementation Occupational profile
of the laws, and research for the development of
legal knowledge. The graduate of the Law degree will fulfill
Contribute to the formation of new generations the following functions: planner, administrator,
of legal professionals, competent to advisor and teacher.
plan, manage, research and guide the jus- Planner: the Venezuelan lawyer has
ticia towards the guidelines of the Social State and to be competent to foresee strategies, apply
Democratic Rule of Law, established in the Cons- social justice, which must carry out the following
substitution and in the integral protection system of your tasks: diagnose, prioritize the needs
human rights, and the new forms pro- to set objectives, to design strategies, to search-
those sales that guarantee those Rights. manage resources, evaluate and schedule activities.
Specific Objectives Justice administrator: the lawyer
Venezuelan in charge of the administration of jus-
1. Promote the knowledge of legal norms Ticia, whose mission consists of interpretation and
of Public Law, of Private and Social Law and application of legal and social norms;
from the auxiliary and instrumental disciplines, to the of those who must exercise with independence and impartiality
knowledge of the historical, social and quality, alien to subordination and respecting the
humanist of law, of institutions, fun- Right to defense and due process, in the
dictionaries and relationships that serve as objects, and of search for truth as an essential element of
its function of providing security and justice. justice, for this it must carry out the following
2. Achieve professional excellence, with creative capacity tareas: resolver conflictos de cualquier naturaleza
motivation and leadership, through precious knowledge that may arise, to monitor compliance
of Law and its application, based on princi- from the Venezuelan legal system,
pillars of ethics, justice, moral integrity, and honesty decisions, defend the legality of Citizens' Rights
necessary for the efficient performance of its functions. demanding and public interests, seeking the exercise
Mexico, January-April 2009
14

democratic of the popular will, the promotion Intelligence: The parties seek a mediator who
of the prosperity and well-being of the people, man- make the path to resolution easier, with a
have the process and the decisions within the framework agile and effective mindset. It must be able to see the
of the constitutional values and principles. issues at multiple levels, dealing with facts
Advisor: the Venezuelan lawyer provides complex and to analyze the problems.
provides ongoing help and advice to the individual, with Patience: It is important that the mediator can
the end of being able to access social justice, wait for the necessary time as required
to do this, it must complete the following tasks: pro- the parts.
move permanent advice to the individual and Empathy: The mediator must be able to assess
to the social group, diagnose needs for hygiene- the perceptions, fears, and history that each part
legal advice to the individual and the social group revealed in the discussion. Trust is established in
to inform and communicate permanently the starting from this personal current.
duties and constitutional rights, prevent, Sensitivity and respect: The mediator must be respectful
develop and intervene socially. tender with the parts and sensitive to their strong feelings
Researcher: the Venezuelan lawyer must value judgments, including sex, race, and diff
be a professional with skills for inquiry cultural references.
tion of legal facts and phenomena that allows Active listener: The parties must feel that the me-
they respond to their own work conjectures and diador has heard the respective presentations and
evaluate through research the production of sayings.
the knowledge of society, in effect must be assumed Imaginative and resourceful: It is important that
the following tasks: investigate the causes of the mediator has the ability to contribute and generate
facts and social phenomena, diagnose and formulate new ideas.
to address research problems, promote proce- Energetic and persuasive: Through the leadership of
knowledge production SOS through the process, the mediator must intervene effectively
participatory action research, apply methods to achieve flexibility in the parts, although it must
of research, present solution proposal to lead the dynamics and control the audience without being
to problems in their professional field, authoritarian.
use bibliographic and documentary research Ability to distance oneself in attacks: If the-
as support to determine voids and weaknesses the use of the parts makes a derogatory comment
of elaborate theories, apply the analysis of con- or aggressive towards the mediation system or towards
held in the case study. the mediator, it is advisable not to act defensively
Siva, otherwise a new dis- would be established.
Personality profile of the lawyer.
whore.
of the Republic
Objective: The mediator will be more effective if it continues
The main qualities that are predicated in a goat- It is disconnected from the emotional aspect of the dispute.
lawyer or Venezuelan lawyer with humanitarian training thanks.
tica Honest: One should not promise the parties something that
Neutrality: The most important quality of a cannot fulfill.
an effective mediator is their ability to maintain a Trustworthy to keep confidences: Must
impartial and neutral role in the midst of a con- maintain confidentiality and the parties must
to be convinced that this will be the case.
controversy.
Capacity: To refrain from projecting one's own Having a sense of humor: It is necessary to relax.
trial. The role of the mediator is to help the parties tensions and create a favorable climate.
they reach an agreement whose terms are accepted Persevering: When the parties arrive slowly
to the agreement, the mediator must endure the wait and
tables for them, even when the mediator is in
disagreement with the wisdom or with the justice of the the anxiety that this provokes.
solution. Prospective profile of the graduate of the career of
Flexibility: It should stimulate fluency in the comu- Law
notifications.
Professional of the Bolivarian Republic of Venezuela
committed to the new model of State

REMO: Volume VI, Number 16


15

Deserves special attention in the training of the graduate of the


law degree its high humanistic content and
social sensitivity...

democratic and social of Law and justice, that Field of action of the graduate
act proactively for the achievement of happiness and
The graduate of the Law degree will be trained as
comprehensive development of individuals, through
a comprehensive lawyer with competencies for the dis-
achievement of justice as a social, political fact
commitment in the following areas of action:
y democrático, desde la perspectiva de la Justicia
as a model of State, supreme value, end of the State • Social lawyer: cooperativism, associations orga-
do, organizational element and Justice as final organizations, communities, foundations without profit
dad of any judicial process. profit, social organization of production, pre-
Special attention deserves to the formation of the egre- prefectures, mayorships, governorships, institutions
sad from the Law degree its high content hu- educational.
humanistic and of social sensitivity that has to demos- • Public administration and management: registries, notaries,
to act as a guide-mediator, who must project- Comptroller's Office, Attorney General's Office, ministries, systems of
to have a personality that, without being authoritarian, inspires protection of children and adolescents, state police
respect, authority to lead the audience, trust- and municipal, national guard, legislative councils
yes, not only in terms of its impartiality, but also regarding you, public and private companies, customs, ins-
professional solvency in the handling of the method, follow- tax collecting titles.
dignity and a form of leadership that allows for the • Judiciary: Venezuelan judicial system; tri-
parts allow themselves to be guided by the most appropriate path of supreme court of justice.
communication aimed at the best solution.
In our practice, we have to face math- BIBLIOGRAPHY
laughter and very diverse matters, an important quality will be Professional Ethics Code of the Venezuelan Lawyer
versatility, as it becomes necessary to adapt the style of (2000). Official Gazette. Caracas-Venezuela.
mediate each circumstance. Constitution of the Bolivarian Republic of Venezuela
Several of the qualities of the mediator-guide (1999). Caracas, Venezuela.
are, in many cases, innate attributes of a per- Flórez, R. (1998). Hermeneutic Research and Pedagogy.
saying that negotiation is a Bogota: Mc Graw Hill.
technique, mediation an art). Each mediator possesses Flórez, R. (1999). Pedagogical Evaluation and Cognition. Bogo-
McGraw-Hill.
its own style; however, training and the
Latorre, C. L. and others (1991). The municipalization of the
practice can modify and perfect the conduct
education: a perspective from the administrators of
This is the image of the mediator.
[Link]. Santiago de Chile.
By stating that the mediator is a facilitator, a University Law in its Chapter I, Official Gazette No.
vehicle that restores communication or aids the 1.429 (Extraordinary) and the Partial Regulation, Gazette
parts to communicate and establish or re-establish the dialogue Official No. 28,262.
logo aimed at reaching an agreement, it should be noted that the me- UNESCO (1998). Helping to be. Caracas: FD.
the mediator is not a judge, guide, counselor, lawyer, UNESCO (1983). Education for International Cooperation
referee or something similar; the mediator does not decide, and Peace in Primary School. Paris.
he recommends or advises; the mediator is limited to National Experimental University of the Llanos Occidentales
conduct the dialogue -facilitate and guide the process- and, dental Ezequiel Zamora (2005). Guidelines for
the construction of relevant curricular designs.
using their perception, the practices and training
Unellez. Barinas.
to acquired, encourages the parties to find a Vygotsky, S. (1984). The Development of Psychological Processes
creative solution, mutually shared. Cos Superiores. Barcelona: Granada.

Mexico, January-April 2009

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