CHANGES IN PARADIGMS IN SUITS REGARDING THE FAMILY IN THE WAKE OF THE NEW CODE OF CIVIL LAW: FROM ARRAIGNMENT TO MEDIATION AND THE IMPORTANCE OF JURIDICAL LANGUAGE IN A SOLUTION OF CONFLICTS

Authors

  • Luís Henrique Bortolai Universidade Presbiteriana Mackenzie.

DOI:

https://doi.org/10.17765/2176-9184.2015v15n2p327-351

Keywords:

Arraignment and Language, Mediation, New Code of Civil Law

Abstract

The implications of the Brazilian juridical order within the future code of Civil Law are analyzed. This is especially true when mediation is introduced at the start of the demand through the actions of lawyers and parties to rationalize conflicts by different mechanisms of solutions. It is important to highlight suits involving the family which are of special attention in the new code, especially with regard to arraignment without the need to present the copy of notice. The above is a polemic and debatable issue, coupled to the use of mediation within the family in the search for a more effective action by the parties for the rational solution of demands.

Author Biography

Luís Henrique Bortolai, Universidade Presbiteriana Mackenzie.

Docente de Direito na Universidade Presbiteriana Mackenzie, Faculdade de Direito, campus Campinas (SP), Brasil; Doutorado em andamento em Função Social do Direito pela Faculdade Autônoma de Direito (FADISP), São Paulo, Brasil.

Published

2015-11-30

How to Cite

Bortolai, L. H. (2015). CHANGES IN PARADIGMS IN SUITS REGARDING THE FAMILY IN THE WAKE OF THE NEW CODE OF CIVIL LAW: FROM ARRAIGNMENT TO MEDIATION AND THE IMPORTANCE OF JURIDICAL LANGUAGE IN A SOLUTION OF CONFLICTS. Revista Jurídica Cesumar - Mestrado, 15(2), 327–351. https://doi.org/10.17765/2176-9184.2015v15n2p327-351

Issue

Section

Doutrinas