Mediação, conciliação e violência doméstica: a (im)possibilidade de diálogo entre agressor e vítima

Abstract

This article aims to discuss the applicability of mediation and conciliation in cases involving domestic violence. Through a critical analysis, the concepts of domestic violence, mediation and conciliation and the legal context in Brazil in 2023 regarding these themes are examined. Favorable and unfavorable arguments are also presented on the subject for a better analysis of the present arguments, collected throughout the research. The research was developed based on a review of existing literature on domestic violence, mediation and conciliation, through academic articles, doctrines and course conclusion works. In addition to these, concrete cases were analyzed, consultations with legal professionals, among these public defenders and members of the multidisciplinary team of the nucleus to combat domestic violence, present in the Public Defender of the State of Ceará. Therefore, the study revealed that mediation and conciliation, although interesting methods in the legal field, are not suitable for family actions involving domestic violence, as there is no possibility of dialogue between aggressor and victim.