A efetividade da previsão constitucional de proteção integral de crianças e adolescentes : o uso da mediação como procedimento adequado à transformação dos conflitos conjuparentais

Abstract

The effectiveness of the constitutional provision of integral protection of children and adolescents with the use of mediation as a proper procedure in the transformation of conjugalparental disputes is the theme to be here developed. The general objective is to analyze the procedural adequation of mediation as a means of transformation of conjugal-parental conflicts with juridical effects. The specific objectives have been unfolded in identifying the conceptual content of integral protection and verifying the suitable procedural construction of mediation by considering the Child and Youth Law. The central issue involves assessing whether mediation is a suitable means to actualize and materialize the integral protection of children and adolescents, as well as the procedures required to achieve this goal. It is understood that, in the face of a specific and associated procedural commitment of mediation of conflicts, by means of collaborative and committed behaviors of integral protection agents (family, society and State), the materialization of the integral protection is a real possibility in the sphere of mediation. By following three sequential paths, the procedure is suitable to attain the intended result. The first one is the moment of pre-judicial mediation, i.e. before any judicial or litigation proceeding. The second one is the action of society, in the person of both the mediator, on the grounds of their training and accountability, and the lawyer, through their collaborative and committed action. The third one is the function of the State as an agent of planning and taking actions intended for increasing and providing judicial and managerial settings for implementation of mediation. Thus, if the previous procedural sequence is followed, mediation becomes a proper procedure for transformation of conjugal-parental disputes, and it materializes the integral protection of children and adolescents.