A mediação como instrumento essencial para assegurar o melhor interesse da criança e do adolescente nos processos de dissolução de sociedades conjugais: breves considerações acerca do princípio da afetividade

Abstract

The present work approached, in a theoretical way, the institute of mediation as an essential instrument to ensure the best interests of children and adolescents in family processes, such as in cases of dissolution of conjugal partnerships, with a focus on implementing the principle of affection. Initially, considerations were presented on the fundamental right to access to justice, highlighting the difficulties faced by those under jurisdiction and analyzing the possibilities of realizing this right from the perspective of children and adolescents in Brazil. Next, the historical evolution and new perspectives of Family Law and Child and Adolescent Law in the country were explored, emphasizing the search for the implementation of the principle of affection in family relationships. Finally, the study highlighted the relevance of mediation as a tool to ensure an environment of dialogue and protection, promoting fairer and more humanized decisions in family conflicts, especially in cases involving minors, balancing the legal duty and the emotional dimension of affective relationships. It was concluded that, in line with the fundamental principles set out in the Constitution that protect children and adolescents, it is essential that the Judiciary encourages the use of alternative methods of conflict resolution in demands that have as their main focus, or indirect connection, these subjects.