Mediação nas relações de família: a experiência do balcão de justiça e cidadania na Bahia

Abstract

The present study investigated the non adversarial method of conflict resolution, called mediation, within the context of the Bahia Justice and Citizenship Desk program, especially considering its impact on the detrimentalization of familial demands, as well as its importance in face of the crisis of the contemporary family and the Brazilian judiciary. In this scenario, it was observed that the consensual, self-composed methods of conflict resolution, in line with the need to seek access to justice as a synonym of a democratic legal order, are increasingly gaining prominence in the Brazilian legal system as a dynamic alternative, more quick and cheap way of promoting social peace. In this sense, the present investigation resulted, in part, from the analyzes obtained through the author's experience as supervisor of the Justice and Citizenship Department of Imbuí. In this line of intellection, we analyzed the changes in family relations, from the classic to the contemporary, contemplating, thus, the paradigm changes and biunivocal implications between family and law, considering psychological, anthropological and social aspects. The present work also investigated methods of conflict resolution, with emphasis on non - adversarial methods, especially mediation and its relevance as a way of solving familial demands. Thus, a parallel of the reality was dealt with with the project of the Justice and Citizenship Counter, based on studies and concrete data of the project about the impacts of the mediations that occurred, through the project in the neighborhoods, with the disjunction of family demands in the context, especially of the Bahian capital. From this perspective, we observed negative aspects and contradictions regarding the pamphleteer's discourse that mediation, especially considering the practice at the Justice and Citizenship Counter, is a true panacea for the ills of the judiciary as it relates to family demands.