Navegando por Autor "Rocha, Karen Richardson"

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Abandono afetivo inverso: a responsabilidade civil dos filhos pela omissão no dever de cuidado aos pais idosos
(Centro Universitário do Estado do Pará, 2019-06-12) Malcher, Maria Eduarda de Barros; Azevedo, Thiago Augusto Galeão de; Rocha, Karen Richardson
The Federal Constitution of 1988, in its articles 229 and 230, provides about the duties of mutual care, assistance and protection required in the paternal-filial relations, and the noncompliance with this precept, constitutes the so-called affective abandonment, occasion in which civil reparation for moral damages. In this way, this work has as general objective to analyze possibilities in which the children are civilly responsible for having affectively abandoned their elderly parents, analyzing the occurrence and the probable consequences of this attitude. The monograph begins with the conceptual identification of family law, under a brief historical and constitutional principles, as well as an understanding of the importance of the application of the principles for the valuation of the human person, emphasizing the principle of affection and dignity of the human person. The second chapter presents considerations about the elderly and analysis of the concept of reverse affective abandonment, as well as about the duty of children to assist their elderly parents, emphasizing the material abandonment of the elderly and the obligation to provide food. Finally, it discusses the civil responsibility of the children as a result of the reverse affective abandonment, brief considerations about the theories and assumptions of civil responsibility, and analysis of aspects of moral damage in the family relations, with emphasis to the Law Project No. 4,294 / 08, in proceedings in the National Congress, and for the jurisprudential understanding adopted by the Courts in relation to the topic under discussion. In this sense, it concludes that, although the jurisprudence referring to the abandonment of affective inverse is still scarce, there is a tendency to accept this thesis, especially considering that there is precedent in the STJ that admits the possibility of compensation when the victim is a descendant. Thus, having the same requirements, the cases of affective abandonment practiced by children to the detriment of their elderly ancestors, may also lead to civil reparation for the damages caused.
Adultização e sexualização de crianças e adolescentes: a proteção dada pelo direito civil
(Centro Universitário do Estado do Pará, 2020) Oliveira, Hanna Adriele Ferreira de; Rocha, Karen Richardson; http://lattes.cnpq.br/0535294292914447
This work aims to discuss the care to be observed in the protection and education of children and adolescents, taking into account their specificities, such as their fragility and how their image was seen in the history of humanity, going through changes in their location in society, in addition to the role of the media in this process. Still, on the role of parents and the State in this protection and the measures applied to safeguard the interests of those who are incapable under the law.
Autoalienação parental ou alienação parental autoinfligida
(Centro Universitário do Estado do Pará, 2021) Pereira, Evandro de Jesus Figueiredo; Rocha, Karen Richardson; http://lattes.cnpq.br/0535294292914447
This article aims to publicize self-inflicted alienation as an act of alienation practiced against children, causing their alienation, due to the incongruous attitudes of the self-alienator, and, in this case, he is judged to be the real victim of the situation. This is a version of parental alienation that has been confused by many legal practitioners, which ends up causing serious, serious and irreparable damage. The lack of knowledge and the lack of specific legal provision makes it imperative to debate and deeply analyze its concept, effects, consequences and possible civil liability in favor of the injured child/adolescent and parent/guardian.
Famílias paralelas: uma análise sucessória à luz da boa-fé no concubinato
(Centro Universitário do Estado do Pará, 2020) Souza, Nicole Aryane Alves de; Rocha, Karen Richardson; http://lattes.cnpq.br/0535294292914447
The article's goal is to discuss the application of the succession law's rules in the Brazilian legal system in the reality of parallel parenting to understand how the figure of the concubine behaves. This work will demonstrate how concubinage's existence, though recurring in the social environment, is marked by prejudice, which does not consider and marginalizes the role of good faith concubinage in the relationship based on moralistic and monogamous grounds. This research will analyze how the legal system comprehends the role played by the concubinage in the union through legal positivization and jurisprudential understandings, highlighting the main difficulties that the concubine of good faith struggles after their partners death. Finally, it will investigate the limits and viability of state intervention in family relationships based on family protection, with a broad focus on the damage caused to one of the relationship's parts at the expense of excessive gain of others caused by current succession rules. This study was developed based on theoretical research through a bibliographic study of the qualitative approach, with emphasis on conceptual and critical procedures.
Guarda compartilhada com os avós em famílias monoparentais
(Centro Universitário do Estado do Pará, 2018-06-20) Cordeiro, Samuel Cardoso Nunes; Carvalho, Bruno Brasil de; Rocha, Karen Richardson
This monograph deals with the problematic of the grandparents and grandchildren relationship on current conjuncture of Brazilian law, passing through the current logic of affectivity as guiding of family relations. The discussion begins with guardianship, about wich one fits better the interests of the children, due to the progression suffered by law in recent years and especially on the last ten years with shared custody laws (Law 11698/08 and 13.058/14).That is followed by a debate on the rights e responsibilities between grandchildren and grandparents, based on the new relevance of the complex reality of Family Law today, with the new ways of creating a family and focus on the individual freedom of the people. Lastly there is a debate about the numerous kinds of familys brought to us by the 1988 Constitution, focusing on the defense of the minor and a possibility of application of shared custody of minors between grandparents and single parent.
“O horizonte da significação” do conceito de família a partir da ADPF - arguição de descumprimento de preceito fundamental n° 132-STF
(Centro Universitário do Estado do Pará, 2014) Rocha, Karen Richardson; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435
The man before understanding oneself as an autonomous and riddled with subjectivity, needs to understand yourself plus numerous identities, both socially and culturally constructed as inherited, and then build your own horizon. This means that the understanding of a historical event - the passage of the Family Institutionalized for a family seated in Subjectivity and Affection - for that is more contemporary and nailed by an abrupt disruption paradigm, will never be considered maiden. This is because human identities emerge, albeit unconsciously, the past, we are closely connected by the link of tradition be it cultural, linguistic or historical. Thus, legacy biases are loaded and formed by tradition, disclosed in the language and transmitted from generation to generation, i.e., is not lost in time nor in space, only resignify to monitor human dynamics.