Admissibilidade do uso da mediação em casos de violência doméstica

Abstract

Over the years, we have always heard of family conflict cases involving domestic violence. Violence against women has continued for long periods to this day. To this day, the culture of patriarchalism permeates affective relationships, the plastered differentiation of roles imposed by this chauvinistic culture, the power handed over to men remains, unfortunately, rooted throughout society. Machismo permeates all forms of relations in society, whether in the old or the contemporary. It is undeniable that women have been suffering decades and decades with the strong machismo present in Brazilian society, in all areas, being economic, political, family, but, the most visible and unacceptable, is the violence suffered in the private space, that is, the domestic. What we seek to show in this study is that the practice of violence against women throughout history is not the result of human nature, but of a process of socialization of people. With the surrender of all this self-affirmation to man, it ends up potentiating physical, verbal, moral, psychological and even material aggressions, since he already has in his "natural" the idea that he is the boss. For a long time, we were used to believing that only the state was a jurisdictional holder, capable of resolving interpersonal conflicts, and another means of resolving the conflict would be ineffective. With the advent of the new phase of alternatives to the judicial route, many paradigms have been changed, thus obtaining more and more alternative ways of conflict resolution. Among these ways we seek to pay attention to mediation, a medium that can be applied mainly in continuous relationships in which the communicational, emotional, loving bond has been weakened. In this context, the objective of the present research is to answer the following question: would the instrumental mediation be adequate to solve family conflicts characterized by domestic violence? To this end, the work was divided into four chapters. The first chapter was about discussing the culture of violence that is growing more and more in society. Differentiating some important concepts for understanding the theme. We approach a kind of violence which is one of the main points of the analysis of the problem, domestic violence, something that has always existed in our society and that has been growing increasingly in our environment. Important for understanding to know the historicity of this behavior, the particularities of this violence, some studies in numbers to know the proportion of such problem. Through these approaches, we also begin to talk about family relationships, the family as an environment of constant dynamics, which is why conflicts end up being part of a complex relationship between its members.