RESTRUCTURING PROCESSES AND MULTIPOLAR FAMILY LITIGATION: JUDICIAL MANAGEMENT FOR THE BEST INTERESTS OF THE CHILD

Abstract

The article analyzes the impact of the (re)structuring process methodology in family law actions, especially in complex and multipolar litigation involving the reorganization of parental bonds. It argues that such conflicts transcend the traditional bipolar logic of civil procedure, requiring flexible, dialogical, and prospective solutions aimed at comprehensive protection. Based on a literature review and doctrinal analysis, the research examines the origins of the structural process and its adaptation in the Brazilian context, highlighting the controversy regarding "collectivity" as an essential element. By comparing theory and forensic practice, it demonstrates that family actions involving multiple social actors and states of non-compliance meet structural characteristics, such as systemic problems, two-phase procedures, and the need for progressive decisions. It is argued that active and consensual judicial management is the path to fulfilling the best interests of the child in high-complexity scenarios. The study concludes that formally recognizing the structural nature of these disputes allows for a jurisdictional protection better suited to the reality of contemporary family crises.