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Intervention in family conflicts through mediation from the comparative perspective of principles of Brazil and Portugal legislation

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Resumo:The jurisdictional function of a country plays an important role in the resolution of family conflicts, causing a high number of lawsuits. However, the ability to resolve conflicts of this nature is not exclusive to the judiciary, it being possible for other ways, with help of a third party other than the State. Given the growing number of disputes that can be resolved extra judicially, the need for more investment in the development of other means of conflict resolution, such as mediation, to achieve social peace remains evident. This article aims to compare some aspects of mediation in Brazil and Portugal, seeking to focus especially on family conflicts, investigating similarities, equivalences and differences between the family mediation guiding principles in Brazil and Portugal. For this effect, it was privileged bibliographical and legislative research, with qualitative comparative analysis, which led to the conclusion that, despite the differences, the two diplomas are very similar, showing equivalences and few absences, which do not compromise the basis of mediation.
Autores principais:Cruz, Rossana Martingo
Outros Autores:Silva, Kelly Coelho; Francischetto, Gilsilene Passon Picorett
Assunto:Family conflicts mediation comparative Brazil Portugal
Ano:2022
País:Portugal
Tipo de documento:artigo
Tipo de acesso:acesso aberto
Instituição associada:Universidade do Minho
Idioma:inglês
Origem:RepositóriUM - Universidade do Minho

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