Mediação familiar judicial no Brasil: das perspectivas à realidade

Abstract

This paper approaches the perspective and reality of family mediation in Brazil, with the objective of analyzing its application by the Judiciary, as a mechanism to promote a judicial culture focused on social peace and transformation. It intends to show that the contemporary family context no longer contains the traditional model of conflict resolution; that access to justice by a multiport perspective must observe the nature of the litigation so that it is referred to the most appropriate procedure; that the techniques of the Code of Civil Procedure related to the subject lead to mismanagement of autocomposite forms of conflict resolution; that the application of mediation in judicial spaces as a means of reducing the number of demands is not sufficient for social pacification; and the importance of re-evaluating legal education for the transformation of the adversarial culture into a consensual one. It was found that mediation is an effective possibility of social transformation and paradigm change of the litigation, provided it is not a mere stage of the judicial process, in line with its principles and used in addition to the agreement of interests; it is recommended for family conflicts, due to transformative potential through dialogue; it must be stimulated, together with the other forms of self-composition, in the courses of law from the study of conflict as a positive and opportunity for maturity, where families must also be worked as a psychoaffective and not just legal space. The methodological procedures were based on an exploratory study based on the analysis of Brazilian legislation, curricula, data from Law Bar exams, and the collection of national and comparative bibliographies.