Análise da mediação em uma vara de família de Curitiba

Abstract

This dissertation aims to evaluate mediation in a Family Court. Here, the judicial mediation provided for in Resolution CNJ 125/2010, which provides for the National Judicial Policy for dealing adequately with conflicts of interest within the Judiciary, and the Code of Civil Procedure, is taken care of. The research seeks to assess whether mediation contributes to the realization of the constitutional principle of reasonable duration of the process, provided for in paragraph LXXVIII, of art. 5, of the Federal Constitution, and if there is any correlation with an eventual decrease in the number of sentence executions in family cases. Initially, an integrative review of mediation is carried out by selected articles on platforms in Law and Psychology in order to show how the mediation theme related to Family Law and Psychology is currently being addressed in the scientific literature. Small production is observed in the area as articles, with a predominance of papers and theoretical discussions. However, it is possible to envision a definition of mediation that covers conflict resolution by the disposition of the parties and the role of a third party in all works. Following the results of the data collection research (form) of processes that were processed at the 5th Family Court of Curitiba and those sent to the Conciliation Center of Family Courts and Successions of Curitiba in which it is sought are presented. assess the impact of using mediation to resolve conflicts of interest in decreasing the time taken to process a judicial proceeding, and whether what is voluntarily adjusted between the mediated is better observed than if it were decided by a judge’s sentence. The results show that there was no decrease in the duration of the proceedings after the emergence of mediation (protocol) in the CPC in the investigated Court. There was an increase in time. These data show the need for more in-depth verification of causes for the increase in this duration and showing the importance of future research investigating the application of the protocols in line with the principles of mediation and the benefits arising from them.