Psicologia e direito das famílias: análise da mediação familiar judicial
The lawsuits of family courts have increased in recent years. This is explained by the growth of separations and parents need to seek the judiciary as a means of guaranteeing their rights, including to participate fully in their children's lives. Conflicting families tend not to make their o...
সংরক্ষণ করুন:
| প্রধান লেখক: | |
|---|---|
| অন্যান্য লেখক: | |
| বিন্যাস: | doctoralThesis |
| ভাষা: | pt_BR |
| প্রকাশিত: |
Universidade Federal do Rio Grande do Norte
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| বিষয়গুলি: | |
| অনলাইন ব্যবহার করুন: | https://repositorio.ufrn.br/handle/123456789/32885 |
| ট্যাগগুলো: |
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| সংক্ষিপ্ত: | The lawsuits of family courts have increased in recent years. This is explained by the growth of
separations and parents need to seek the judiciary as a means of guaranteeing their rights,
including to participate fully in their children's lives. Conflicting families tend not to make their
own decisions: they turn to Justice for help, finding in the lawsuit the only communication
channel to solve problems such as: divorce, alimony, children custody and paternity
recognition. They delegate the responsability to the State to resolve their conflicts, which are
mostly unsolvable by judicial decisions. Due to the current crisis in the judicial system, State
Power has developed a public policy to implement Judicial Centers of Consensual Conflict
Resolution (CEJUSC), using Conciliation and Mediation as an interdisciplinary and
institutionalized field of know-how. This research aims to analyze, from the perspective of
Institutional Analysis, the working conditions of family mediators. Its specific objectives are:
a) know the “orders” and “demands” made to mediators in their practices in Family Law; b)
analyze forces (institutions) that go through the production of this demand, as well as the
interventions proposed by the mediators. Methodologically, it adopts a qualitative perspective,
using observation of the institutional reality and semi-structured interviews with family
mediators in Paraíba’s capital. Analyzers have been elucidated and then the power lines that
operated on this device were observed. The main analyzers found were: volunteering, female
volunteering, precarious work and power hierarchies. Among the orders we have highlighted:
relieve judiciary, give attention and comfort mediators. These report too much power of the
judiciary, as an institution that propagates positivity in its resolving policy, promising a faster and more humanized justice, when in practice, it makes the mediator's work precarious and it
does not meet the true purpose of Mediation. |
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