RESTORATIVE JUSTICE AS AN INSTRUMENT FOR ADDRESSING POST-DIVORCE FAMILY CONFLICTS UNDER BRAZILIAN LAW

Abstract

This study analyzes the application of Restorative Justice as an instrument for addressing family conflicts following divorce under Brazilian law. The research is based on the understanding that marital dissolution can intensify emotional, property-related, and parental conflicts, especially when children are involved, making it necessary to adopt mechanisms that go beyond the traditional adversarial approach. The general objective is to analyze the contributions of Restorative Justice to promoting dialogue, reducing litigation, and preserving family ties. Specifically, it seeks to understand its theoretical and principled foundations, investigate its potential applications in Family Law, and identify the legal, institutional, and practical limitations of its implementation. The research is qualitative, exploratory, and descriptive, developed through bibliographic and documentary research, using the deductive method and content analysis. The study addresses the issues arising from divorce-related conflicts, family court proceedings, mediation as a consensual dispute resolution method, and the advantages of these mechanisms. It also examines Restorative Justice as an approach focused on the participation of those involved, accountability, and harm reparation, highlighting challenges related to voluntariness, power imbalances, domestic violence, and institutional structure. It concludes that Restorative Justice has the potential to contribute to a more humane approach to family conflicts, provided that its application takes into account the specific circumstances of each case, the safety of those involved, and the comprehensive protection of children and adolescents.