MEDIAÇÃO JUDICIAL FAMILIAR: análise das perspectivas dos (as) advogados (as) que atuam nas Varas Cíveis da Cidade de João Pessoa-PB

Abstract

Article 694 of the Brazilian Code of Civil Procedure from 2015, in force since March 2016, states that "every effort will be made to resolve the dispute consensually", including with the aid of professionals from other areas of knowledge, in an interdisciplinary approach. The question is: how has family mediation been applied in justice court to resolve family conflicts in the Civil law Court of the city of João Pessoa- PB? In order to answer this question, it is contextualized Brazilian families and their conflicts and approached the national judicial policy for dealing with conflicts. To this end, the theoretical-methodological perspective adopted is qualitative. To this end, semi-structured interviews were conducted with lawyers who work in family cases, in order to obtain data on their perceptions of judicial mediation applied to family cases in the Civil Court of João Pessoa-PB. It was found that five (5) of the seven (7) interviewees do not have any kind of technical training, course, in-depth study, etc. in relation to self-composition methods. in relation to self-compositional methods, which indicates that the lawyers who collaborated with the research have probably not yet understood the extent of their role in conducting cases dealing with family conflicts, and from their perspective, the lack of training for mediators, the lack of knowledge of the parties, and society in general, makes it difficult to deal with conflicts properly and obtain a judicial service that effectively pacifies family conflicts. Finally, in light of the proposed discussion, some suggestions were made for measures that could help consolidate mediation in the family justice system of the Civil Courts in the city of João Pessoa-PB.