A (im)possibilidade da participação (escuta) da criança e adolecente na mediação familiar

Abstract

This paper seeks to discuss the possibility of child or adolescent participation in pre-judicial mediation. It aims, initially, to contextualize the historical aspects from the minorist system adopted for the treatment of children and adolescents to the system of integral protection that is in effect today. At this intersection, it will be highlighted, also, basic principles to the understanding of the treatments provided over the years to these young people. Therefore, it develops on the mediation itself, highlighting the principles that involve it, as well as the techniques used for the resolution of conflicts. Finally, there is an analysis of the effective participation of these children and adolescents in the mediation process that precedes the judicialization of the case, in order to demonstrate that, although the legal diplomas specifically governing mediation have silenced this possibility, it would be possible young people to be heard in this procedure.