Aplicabilidade da arbitragem nas causas de família

Abstract

The present work, has as main objective, the elaboration of a scientific article, based on the method of qualitative and descriptive bibliographic review through books, articles, periodicals and legislation applied to the theme, about the approach of the Brazilian doctrine regarding the application of arbitration family causes, respecting their limitations. Thus, it is of fundamental importance to examine two relevant aspects of the topic addressed, namely: solutions that involve only available patrimonial rights and the participation of the Public Ministry. In view of these limitations, some questions are necessary: What would be the possibility of expanding your object to the so-called unavailable rights, which a priori would not be included in the arbitral scope? What are the consequences of not calling the MP? And finally, what would be the possible advantages and disadvantages of using arbitration as a way of resolving conflict in the area now studied? Therefore, it starts from a more comprehensive study, although synthetic, about alternative means for the solution of conflicts, the applicability of arbitration, bringing its characteristics and advantages in the arbitration process in relation to the state judicial process, of family relations and their conflicts. Therefore, at the end of this article, it will be possible to conclude on the importance of applying arbitration as one of the alternative ways to resolve conflicts in Family Law, thus encompassing the possibility of expanding to the unavailable rights in the resolution of family conflicts and the call of the MP in lawsuits involving minors as occurs in the judicial sphere.