Aplicabilidade da arbitragem nas causas de família
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Date
2021-04-29
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Universidade Católica do Salvador
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.
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Keywords
Meio alternativo para solução de conflito, Arbitragem, Direito de família, Direitos patrimoniais disponíveis, Ministério público, Alternative means for conflict resolution, Arbitration, Family right, Available patrimonial rights, Public ministry