La función del juez de familia como conciliador en el proceso de divorcio: El verdadero reto

Abstract

Abstract The primary objective of this work is to demonstrate that, within the divorce process, the conciliation stage can be a useful and effective tool to promote the union and stability of the family, as the fundamental nucleus of society subject to special protection. of the State and not a possibility of terminating the link expressly. For the final writing, the descriptive qualitative method was used, proceeding to the collection and analysis of the information contained in norms, jurisprudence, doctrine and scientific articles, which was classified as relevant to achieve the stated objectives. Likewise, in some of the topics to be addressed, called “Marriage in Crisis” and “Negative Consequences of Divorce”, the nested design was used, since some statistical data was used as a reference, which helped to reinforce the theories outlined. To achieve the main objective, it was necessary to analyze the current regulations, which consider the family as an institution of great social relevance, and then propose some tools that the judges of this matter can make use of, in prevalence of the principle of unity family, even if it results in a collision with other principles or individual rights of Constitutional rank. As for the collision of principles, it was unavoidable to develop the theory of the German Robert Alexy and judicial activism, this being the starting point to conclude that the active and proactive intervention of the judge in the conciliation stage is possible, in order to propose strategies or formulas that allow trying to give continuity to the family in its ideal state. Key words: Family, marriage, divorce, conciliation, Family Judge.