A aplicação da mediação como instrumento de resolução de conflitos na seara do Direito das famílias: reflexões à luz do ordenamento civil-constitucional brasileiro

Abstract

This study is based on qualitative research analyzing the efficiency of the mediation method in the context of family conflicts in light of the principles of the Brazilian civilconstitutional order. The intention is to address the question of "Why does mediation, as a selfcomposing method, prove to be more suitable for resolving family conflicts considering the principles of Family Law established by the 1988 Federal Constitution?" by reflecting on it in comparison with the judicial and adversarial tradition. A deductive reasoning approach is employed, structured from a literature review of books and scientific articles on the subject. The main theoretical contributions guiding the research include the considerations of Fernanda Tartuce and Renata Barbosa de Almeida regarding mediation in the context of family relations, the insights of Gustavo Tepedino and Ana Carolina Brochado Teixeira on the principles of Family Law, and the contributions of Fabíola Albuquerque Lobo on the transformations brought about by the 1988 Federal Constitution in Family Law. It is concluded that, due to its objectives, principles, methods, and techniques, mediation, especially that based on the transformative school's goals, represents a constructive and suitable means of managing family conflicts, particularly in cases of divorce, property separation, custody and visitation issues, and alimony payments. It is a transformative and effective model concerned with the restoration, preservation, and strengthening of pre-existing relationships, differing from adversarial models of dispute resolution.