Aplicação do método adequado de resolução de conflitos decorrente de abandono afetivo: mediação x justiça restaurativa

• Autor(a) principal: Barros, Juliana Miranda de
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório da Faculdade de Direito de Vitória
• Texto Completo: http://191.252.194.60:8080/handle/fdv/858
• topic: Conflito familiar; Abandono afetivo; Métodos adequados; Justiça restaurativa; Mediação; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The present research seeks to analyze the peculiarities of family conflict resulting from emotional parental abandonment, since the lack of coexistence and support, either due to the unavailability of financial resources or the lack of emotional and affective support from parents towards their children, compromises the development of children and adolescents. In view of this, we seek to analyze what would be the appropriate methods of conflict resolution, given the continuous relationship involved in the issue in question. For this reason, due to the growing idea of ​​applying “alternative methods”, the traditional view that the judicial process is the best procedure to solve the aforementioned problem will be destroyed, opening the analysis to the other methods of conflict management , such as negotiation, mediation, conciliation, arbitration and restorative justice. In addition, the research also seeks to define some characteristics of the family constellation as a technique for preparing the parties involved to seek to resolve the family conflict resulting from emotional abandonment. In view of the elucidation of the characteristics of these methods, the research will begin to analyze the compatibility of the aforementioned methods with the peculiarities of the problem in question, with a thorough analysis of the methods called mediation and restorative justice. Finally, the hypothetical-deductive methodology will be used