Arbitragem no direito de família: possibilidades e limitações

Abstract

This article proposes to discuss the use of arbitration to settle family law issues when mediation fails. It explores the possibility of expanding its object to so-called unavailable rights, which a priori would not be included in the arbitration scope. In order to do so, it reviews the concept of available and unavailable rights, discussing the possibility of using arbitration also to conflicts involving so-called unavailable rights. In addition to passing on the discussion of arbitration as a jurisdiction, and, finally, weaving considering and proposing the possible legal adjustments necessary to be successful this route of conflict resolution.