Resumo:
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.
