EFFECTIVENESS OF ALTERNATIVE CONFLICT RESOLUTION MEASURES IN JUDICIAL DIVORCE DEMANDS / STABLE UNION DISSOLUTION WITH THE ADVENT OF CPC / 2015

Abstract

The research aims to approach the evolution of Brazilian law as the procedural rules of conflict resolution within divorce and dissolution of stable union. The new Code of Civil Procedure sought to encourage the self-composition of judicial disputes. The research started from the following question: Are alternative means of conflict resolution effective and adequate to the demands that involve emotional bond, specifically in the demands of judicial divorce / dissolution of stable union? The general objective of this paper was to analyze if alternative means of conflict resolution are effective and adequate to the demands that involve emotional bond, specifically in the demands of judicial divorce / dissolution of stable union. The work was divided into four sections: the first “historical and factual aspects of family law”; the second section on “forms of dissolution of the marital bond”; the third section on “alternative means of conflict resolution” and; the fourth and final section, “the effectiveness of alternative conflict resolution means in demanding divorce / stable marriage, with the advent of CPC / 2015”. The method used was deductive, through bibliographic research; of a basic nature, as for the objectives the research was descriptive. Due to the need to preserve family bonds, mediation is the most appropriate means of resolution, given the characteristic of nonintervention in the conflict and helping the parties in the search for consensus. It is concluded that mediation is effective and appropriate alternative mean in the demands of judicial divorce and dissolution of stable union.