Intervenções psicossociais e jurídicas no percurso da adoção : a mediação entre o afeto e a lei

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

This qualitative exploratory research aimed at investigating meanings of psychosocial and legal interventions concerning children and adolescents processes of adoption, taking as reference the Brazilian and the Italian contexts and the paradigm of children and adolescents as citizens with legal rights. It was taken into account the law concerning adoption, the attributions delegated to the psychosocial agents who work with adoption and the meanings of the juridical and psychosocial procedures in the perspective of their actors (social assistants, psychologists, legal agents, adoption support groups members, adopting families, biological families, adopted persons). The method used was that of case study, considering each of the countries in the study as one case. Data collection instruments included individual and group interview, participant observation and document analysis. Thirty participants from different regions, representative of the various settings of the adoption system of Brazil and Italy were interviewed. Results suggest that the adoption system is multifaceted, with a plurality of discourses and practices, despite having one single law as reference. In the case of Brazil, it emerges conflicts between the adoption law and traditional cultural practices that contradict it. Adoption waiting time emerges as a critical question both in Brazil and Italy and participants discourse extend its comprehension far beyond bureaucratic factors. Considering the strategies to promote interventions, there is a tendency to pass from individualistic to more collective approaches which privilege support more than control. The conclusions also suggest the need to build (better) channels of communication and greater sharing of discourses and practice which should take into account the protecting principles present in the law. This involves the need to invest in the preparation of the psychosocial and legal agents, adoption candidates, as well as to give greater attention to abandon prevention and the social diffusion of more contextualized information about adoption. Most important, it is emphasized the need to put children and adolescents as protagonists of the adoption system. This implies the overcoming of an adult centric paradigm. For this, it is necessary the system as a whole to be recognized according to its primarily mediating function, and as representative of childrens interests, that requires it to go beyond a view which dichotomizes law and affect. Finally, this work points out that the ways in which the meanings of the law are apprehended are directly related with the subjectivity of the agents that work on legal services.

ASSUNTO(S)

mediação children and adolescents adoção psicologia citizens with legal rights sujeito de direitos juridical and psychosocial interventions criança e adolescente adoption intervenções psicossociais e jurídicas mediation

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