Amigabilidade da justiça na gestão de conflitos envolvendo crianças na família e proteção: de uma crítica genealógica a uma cartografia de outros possíveis. Um debate em torno da amizade, igualdade e democracia

Resumen

The article aims to problematize the way Justice manages conflicts involving children in family and protection matters and particularly the terms in which the adaptations of Justice are handled to make it child-friendly. Using a historical-critical approach, it elaborates a genealogical analysis of the lines of force that have crossed historically and politically the demands involving children in the Justice system and the limits of the criteria adopted for conflict resolution, particularly (but not exclusively) in Brazil. Based on the paradigmatic change of the child’s conception, being considered as a subject of rights, it debates the challenges of equalization, respecting the differences of children, and the reception by Justice of their forms of resistance. In this context, the article analyzes how conflicts involving children were mapped, in which measure they consider the lines of force previously analyzed and observe a substantive participation of children. It is defended, then, a conciliation between an approach based on legal guarantees with judicial models that may foster negotiated and collaborative decisions with children. It concludes by pointing out that the political potential of the conjunction of friendship with justice consists in the challenge of equality and democracy.