Browsing by Author "D'Angelo, Rafael Ruben Santa Maria (Coord.)"

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    Arbitragem no direito de família: possibilidades e limitações
    (Universidade Católica do Salvador, 2019-09-16) Hirsch, Fábio Periandro de Almeida; Kanitz, Gabriela Carvalho; Pereira Júnior, Antonio Jorge (Coord.); D'Angelo, Rafael Ruben Santa Maria (Coord.)
    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.
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    A guarda compartilhada: admissibilidade da guarda face à manifestação de autonomia dos genitores
    (Universidade Católica do Salvador, 2019-09-16) Coelho, Brenda Luidia Martins; Araújo, Ana Thereza Meirelles; Pereira Júnior, Antonio Jorge (Coord.); D'Angelo, Rafael Ruben Santa Maria (Coord.)
    This article aims at analyzing the shared custody legal institute, analyzing whether there has been progress, in the context of the normalization of family law, regarding the ways of ensuring the welfare of the children when sharing custody by their parents. It discusses the possibility of imposing custody by judicial decision, as well as the consequences that diverge from its creation, ensuring the children's interaction with the parent who does not have judicial custody and enabling parents, mainly, the possibility of performing the responsible paternity, possible accessory effect of the legal institute as a mechanism of inhibition of parental alienation. Shared guardianship is understood by lawmakers as the most beneficial modality for their children, even if there is litigation, in accordance with the principle of the interest of the child and the very dignity of the human person.