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ETDs @PUC-Rio
Estatística
Título: PARENTING DISPUTES IN THE FAMILY STATE COURTHOUSE OF RIO DE JANEIRO FROM THE PERSPECTIVE OF THE CHILDREN
Autor: DENISE MULLER DOS REIS PUPO
Colaborador(es): ANTONIO CARLOS DE OLIVEIRA - Orientador
Catalogação: 04/JUN/2020 Língua(s): PORTUGUESE - BRAZIL
Tipo: TEXT Subtipo: THESIS
Notas: [pt] Todos os dados constantes dos documentos são de inteira responsabilidade de seus autores. Os dados utilizados nas descrições dos documentos estão em conformidade com os sistemas da administração da PUC-Rio.
[en] All data contained in the documents are the sole responsibility of the authors. The data used in the descriptions of the documents are in conformity with the systems of the administration of PUC-Rio.
Referência(s): [pt] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=48446&idi=1
[en] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=48446&idi=2
DOI: https://doi.org/10.17771/PUCRio.acad.48446
Resumo:
This thesis aims to research and determine how judiciary practices in the Family Law Courts of the State Courthouse of Rio de Janeiro are being applied regarding Family Law and the plural legislation on the rights of children and adolescents, in times of increasing judicialization of family relations. The material resulting from the field research, consisting of judgments of Family Court judges and comparative legislative survey of children s rights in their daily lives with their parents, was subjected to content analysis, in its thematic modality. The results obtained sugest that the judiciary practices in the Family Court are still slow and orthodox, the Brazilian Civil Code of 2002 and the Code of Civil Procedures of 2015 being specially applied, which privileges certain social classes, makes others invisible and prioritizes the parental duties and not the protection of the children rights. The results also suggest that the different paths historically traced by Family Law and the Children Rights dialogues with Bourdieu and his notion of legal field and habitus, reinforcing the symbolic side of the Family Courts as a space distanced from application of Human Rights, ECA and other legislation available in the Brazilian legal system. The comparative socio-legal analysis of the research material made it possible to understand the advances and setbacks of the practice of family law and the need to bring family courts closer to children rights s law, as well as act together with other areas of children and family (theory and pratice), as a way of guaranteeing the protection of children and adolescents rights assured by the Republic of Brazil s Federal Constitution of 1988, specially when considered the cultural and social needs of the different families in a country with such severe social inequality as Brazil.
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