CONSENSUS PRACTICES ADOPTED FOR THE SOLUTION OF LEGAL AND FAMILY CONFLICTS WITHIN STATE COURTS (Atena Editora)

Abstract

The family is a locus of ongoing relationships permeated sometimes by affection, sometimes by clashes. Faced with the complexity that emerges from these marital and/or parental connections, it is necessary to adopt consensual practices that encompass this tangle of legal, sociological and psychological issues, so that the parties involved can have autonomy in decision-making. The research problem consists of identifying, within the scope of legal-family conflicts, which consensual practices have been made available by the Brazilian Courts of Justice and whether these practices are properly regulated, whether in terms of methodology, training and qualification of professionals. The logical-deductive approach method was adopted based on the indirect documentary technique, and in the legal field, legislative and doctrinal ones were used, and in the statistical plane, existing data extracted from official bodies were collected and used. As a result of the research, it was found that the Courts of Justice have been adopting Restorative Justice, the Divorce and Parenting Workshop and the Family Constellation as self-compositional tools aimed at resolving family disputes. It was found that the first two practices are duly regulated, but the Family Constellation does not have specific regulation, with criticisms, among other factors, due to the lack of scientific knowledge, methodological regulation and criteria for training and training of working professionals. The proposal is to promote actions by the Judiciary, in order to encourage, support and disseminate the systematization of duly regulated consensual practices (Restorative Justice and Divorce and Parenting Workshop) and, on the other hand, to make efforts to scientifically investigate the use of the Family Constellation to – depending on the result of the investigation – regulate what has not yet been applied and improve what has already been applied, in order to endorse or not its application under the scientific bias.