L'interesse del minore fra paradigmi (e stereotipi) sostanziali e profili processuali

Abstract

The paper aims to reflect on some of the problematic aspects posed by the recent reform regarding the unitary family trial rite and in particular the relationship between measures to ensure the best interest of child involved in the conflict and trial. The author doubt that the trial, based on an adversarial logic, can really be the ground or pacifying the conflict. After analyzing some critical issues confirmed by practice, the A. suggests a convinced separation between measures aimed at individuals and possible procedural repercussions, in the belief that the possible consequences at the procedural level depower the role of supportive interventions, risking distorting the institutional function of the social welfare service system.