O princípio do melhor interesse da criança : explorações psicanalíticas sobre a disputa da guarda dos filhos / The principle of best interests of the child: psychoanalytic explorations on the child custody dispute

AUTOR(ES)
FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

20/12/2010

RESUMO

This study deals with the principle of the best interest of the child in cases of guard dispute for the genitors after conjugal dissolution. It has as objective investigate which are the guarantees that the principle inside and outside of the legal scope as well the perception of the professionals who act in cases of dispute of the guard of child regarding this, still of the allegations that the parents place to litigate and the possible subjective consequences for the child in this context. The used theoretical references were Freuds and Lacans psychoanalysis and the other authors contemporaries who establish the dialogue between the Psychoanalysis and Law. Its an exploratory work, based on interviews with jurists, psychologists and social assistants who act in cases of the dispute of the guard of children, in Fortaleza. Nine professionals had been interviewed, being 03 jurists, 03 psychologists and 03 social assistants. The analysis and quarrel of the results were the dialogue between the participants of the dissertation and the searched theoreticians. It was possible to verify that it doesnt have guarantees of that the interest of the child will be guaranteed to the ending of the actions at law. Still, it was observed that the professionals have different agreements regarding what would be the interest of the child in cases of the dispute of its guard. These had emphasized the importance of the interprofissional performance, to subsidize the judge to make the decision that takes care of best interest of the child in question. However, by times, best interest of the child is not preserved, by the parents because their interest is earning, and they can forget that when one of them wins the child loses, also the child can symptomatically answer the anguish caused for the litigation, generating a conflict of big ratios. Key-words: principle of the best interest, guard dispute, family, child, psychoanalysis.

ASSUNTO(S)

famÍlia - aspectos psicolÓgicos - dissertaÇÕes psicanÁlise infantil - dissertaÇÕes guarda de filhos - dissertaÇÕes separaÇÃo conjugal - dissertaÇÕes psicologia social

ACESSO AO ARTIGO

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