Mediação: em busca de uma perspectiva não-violenta e transformadora de resolução de conflitos familiares

Abstract

Seek to analyze, through the hypothetical-deductive method, whether the parties' option to hold or not the conciliation or mediation hearing, enshrined in articles 319, VII and 334, §4º, I, both of CPC/2015, can be considered an obstacle to the realization of the fundamental right of access to justice, in the perspective of adequate management of family conflicts involving kids. Its specific objectives are: (a) analyze the development of individualism, egocentrism, lack of dialogue, immediacy and the weakening of autonomy from the context of liquid modernity; (b) identify the particularities of family conflicts, specifically when they involve kids; (c) analyze the projection of the culture of violence in modern society and its consequences for family conflicts; (d) to analyze the reason why the legislator conferred specific articles in the Code of Civil Procedure, to Family Law, with regard to alternative methods of consensual resolution of the conflict, (e) to analyze how mediation, as a way of effecting the fundamental right of access to justice, is an alternative conflict resolution mechanism capable of promoting non-violence and otherness in family conflicts. It was concluded that, in view of the particularities related to family law and the search for conflict pacification, the legislator opted for the mandatory mediation session in this context, considering it as an effective and adequate means for the protection of these demands.