State Intervention in the Family: Limits of Action and Ways of Adapting Family Disputes Involving Children and Adolescents

Abstract

This article proposes a new understanding of state intervention in family dynamics, with an emphasis on formulating appropriate solutions for conflicts involving children and adolescents. It analyzes the state's insertion in the family sphere, with special attention to the role of the Judiciary in allocating these processes, its impacts, and challenges. The text also explores the potential of Guardianship Councils as entities integrated into the multi-door justice system movement, capable of contributing to the extrajudicial resolution of conflicts and to the “dejudicialization” policy promoted by the National Justice Council. It also discusses the complexity of family conflicts, both for the parties involved and for the professionals working in the field, highlighting the factors that maintain the prominence of the Guardianship Council. It is argued whether this institution can constitute an important strategic tool for public policies aimed at pacifying family conflicts, promoting family autonomy, and strengthening a culture of reconciliation and reducing litigation.