Self-composition in family actions: a reflection on the priority of handling family conflicts in the judiciary

Authors

DOI:

https://doi.org/10.24302/acaddir.v6.4934

Keywords:

Self-composition, Family, Conflicts, Judiciary

Abstract

The research focuses on the importance of using the self-composition methods (mediation and conciliation) provided in the Brazilian legal system, which ensures the appropriate prioritized handling of family actions, thus providing the effective resolution of their conflicts in the Judiciary. The family institution is considered fundamental to society, and therefore, the use of self-composition methods satisfactorily addresses its conflicts, promoting effective resolution. However, the Judiciary has had difficulty prioritizing family actions and utilizing self-composition methods. The research addresses the reasons for this deficiency and its consequences in the judicial system, using a deductive methodology that assumes the use of self-composition methods by the Judiciary ensures the priority that should be given to actions involving family conflicts. It can be concluded that the appropriate use of self-composition methods, through peaceful dialogue between the parties, promotes a quicker and more effective resolution of conflicts.

Author Biographies

  • Gabriella Vanderlinde Morata, Universidade do Contestado (UNC)

    Graduação em Direito, Universidade do Contestado, Campus Mafra. Santa Catarina. Brasil

  • Adriane de Oliveira Ningeliski, Universidade do Contestado; Centro Universitário Unibrasil

    Doutora e Mestre em Direito, Centro Universitário Autônomo do Brasil, Docente e Pesquisadora da Universidade do Contestado. Santa Catarina. Brasil.

Published

2024-11-12

Issue

Section

Artigos

How to Cite

MORATA, Gabriella Vanderlinde; NINGELISKI, Adriane de Oliveira. Self-composition in family actions: a reflection on the priority of handling family conflicts in the judiciary. Academia de Direito, [S. l.], v. 6, p. 1892–1914, 2024. DOI: 10.24302/acaddir.v6.4934. Disponível em: https://www.periodicos.unc.br/index.php/acaddir/article/view/4934. Acesso em: 9 may. 2025.