Ações de família como processos estruturantes

Abstract

This thesis aims to determine whether actions pertaining to Family Law can be classified as structural processes. Initially, it explains that structural processes, also known as structural or restructuring processes, involve structural problems and aim to reconstitute a state of non-conformity. To achieve the general objective of investigating the similarities between certain family law actions and structural processes, the research pursued specific objectives: analyzing what constitutes a structural process and whether certain family law processes can involve complex problems. The methodological procedure adopted for this work was a non-systematic bibliographic review, using databases such as Google Scholar and Scielo, with descriptors including “structural problem,” “structural processes,” “family law,” and “institutional reconstitution.” Through the theoretical framework developed, the research problem was addressed, concluding that some family law actions can be considered structural processes, as they exhibit the essential characteristics of such processes. It is noted that not all family law actions can be categorized as structural processes, as some may only address a material right without necessarily requiring institutional reconstitution. The justification for this study lies in the importance of categorizing family law processes, which not only contributes to the evolution of Civil Procedure Law but also allows these actions to be managed with appropriate and forward-looking procedural techniques, facilitating the resolution of the identified structural conflict.