THE DEJUDICIALIZATION OF FAMILY LAW: THE USE OF MEDIATION AND CONCILIATION AS ALTERNATIVE SOLUTIONS

Abstract

This article aims to analyze the challenges and potential of dejudicialization in Family Law, focusing on mediation and conciliation as self-compositional methods. A qualitative approach was adopted, combining documentary analysis, literature review, and examination of relevant case law, considering applicable legislation (Law nº 11.441/2007, Brazilian Code of Civil Procedure of 2015, and Law nº 13.140/2015 – Mediation Law), as well as theoretical contributions from authors such as Fernanda Tartuce and Michel Foucault. The results show that the excessive judicialization of family disputes contributes to procedural delays, emotional distress for the parties, and overload of the Judiciary. In contrast, self-compositional methods, especially when validated and encouraged by court precedents, have proven effective in promoting dialogue, preserving family ties, and speeding up proceedings. It is concluded that mediation and conciliation not only provide more humanized legal solutions but also strengthen democratic access to justice and shared parental responsibility. Their proper implementation, however, depends on continuous professional training and a cultural shift among legal practitioners.