AUTOCOMPOSITIVE METHODS OF CONFLICT RESOLUTION IN FAMILY LAW: FOUNDATIONS, NORMATIVE FRAMEWORK AND EFFECTIVENESS IN THE JURISDICTIONAL PROVISION

Abstract

This article examines autocompositive methods of conflict resolution in family law, with emphasis on mediation and conciliation,  as a more adequate and effective form of jurisdictional provision. The research adopts a qualitative methodology, bibliographic and documentary in nature, combining interdisciplinary doctrinal review with analysis of the current normative framework, including the 1988 Federal Constitution, the 2015 Code of Civil Procedure, the Mediation Act (Law No. 13,140/2015), Resolution No. 125/2010 of the National Council of Justice, and related normative instruments. The study addresses the theoretical foundations of autocomposition, highlighting the multi-door courthouse paradigm and the qualitative conception of access to justice, and articulates them with the specificities of family conflicts, characterized by the continuity of bonds, emotional burden, and the presence of vulnerable subjects. The analysis identifies the potential of consensual methods, construction of sustainable agreements, preservation of parental bonds, and reduction of re-litigation, and their limitations, particularly in situations of domestic violence and power imbalance between the parties. The article concludes that autocomposition, when conducted with adequate technique and sensitivity to gender asymmetries, constitutes an instrument for the realization of the fundamental right of access to justice and for the protection of the dignity of family members.