A utilização dos meios consensuais de resolução de conflitos em Direito de Família e o papel da Defensoria Pública

Abstract

The main purpose of this essay is to demonstrate that the use of the alternative dispute resolution (mainly mediation and conciliation) is the most appropriate way to resolve conflicts of family matters. The study found that the alternative dispute resolution have characteristics that make them ideal for the resolution of family conflicts, for its possibility to take into consideration the most profound aspects of the family relations, that lead to most disputes. The adjudication of the controversy may analyze only the superficial aspects of the conflict, leading to the generation of new disputes amongst the members of the family, and does not contribute to the social peace, sought in all family relationships. The Public Defenders have the institutional obligation of using the alternative dispute resolutions, therefore have a key role in the promotion and effective use of non-adversarial methods of resolving family disputes. The practical experience has shown that the ADRs are effective for bringing social peace and justice distribution, ultimate purpose of the Law