A abordagem dos conflitos familiares no âmbito do poder judiciário: uma releitura necessária a partir da mediação de conflitos

Abstract

The present work has as a goal to analyze the family mediation whereas consensual method on the resolution of conflicts and the crescent stimulation to auto composition on Brazilian Judicial System in front of the crisis of overcrowding of the Brazilian courts. To this end, it is done a rereading about the access to justice, bringing a private vision of access to the fair legal order and making a connection with the consensual methods of conflicts resolutions, beyond analyze the necessity of search alternativity on the traditional model of justice. Although, it shows that mediation shouldn’t be seen as a way to diminish the legal processes or even techniques of process’s acceleration, but as an incentive so that the individual elaborates the resolution of its conflict, under the bias of alterity, and what agreed to call as Multidoors Justice. The work brings the concepts of mediation, analyzes its principles and the Brazilian laws that regulate them. Analyzes the resolution of family conflicts through family mediation, understanding that this method is adequate to treat the family’s conflicts, that have its peculiarities and need special treatment.