FORTIFICANDO LAÇOS AFETIVOS: O PAPEL DA MEDIAÇÃO NA ADOÇÃO E NA SOCIOAFETIVIDADE

Abstract

The article will address the issue of consensual means of conflict resolution, delimiting it from mediation and adoption, seeking to answer the following question: what are the consequences of using mediation to regulate adoption. For this, a synthesis of the adoption institute and its analogous cases is carried out: the socio-affective affiliation and the Brazilian adoption, approaching the current state of the art of each one and pointing out their respective legal differences. Then, mediation and its particularities are discussed, as well as the inclusion of appropriate conflict resolution measures in the Brazilian legal system, explaining the consensual paradigm, and National Council of Justice resolution 125, which made them positive in the homeland. . Finally, an attempt is made to answer the guiding question, exposing how the viability of using mediation to regulate adoption cases in which the law is silent or even unfair would occur. Thus, it is analyzed how the institute of mediation would serve as a catalyst for solving conflicts in socio-affective affiliation and in adopting the Brazilian style. In the first, it was concluded that there was a real possibility of application, insofar as I reached a non-statutory solution to the conflict, giving priority to protection and affection for the minor; in the second, caution is warned against the possibility of applying mediation in “Brazilian-style adoption”, since there is a chance of institutionalizing a crime and, therefore, trivializing both mediation and the adoption process. The work will have a qualitative approach through a deductive hypothetical method and a bibliographical review in the area of Law.