Navegando por Assunto "Guarda de filhos"

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O feminicídio e a guarda do filho menor
(Centro Universitário do Estado do Pará, 2018-12-14) Rios, Mônica Beatriz Afonso; Azevedo, Thiago Augusto Galeão de; Azevedo, Miguel
The main objective of this paper is to stimulate the discussion about the modification of children’s custody whose mothers were victims of femicide by their partners, who are parents of these children, based on the minor’s integral protection principle and the child’s best interest principle. Firstly, it is necessary to explain the femicide’s logic, considering the theory of masculine domination elaborated by Pierre Bourdieu, that discusses how gender stereotypes are responsible for placing women in a position of submission, leading them to be victims of violence in the moment they refuse to be placed in this situation. After that, we must stablish how the Brazilian law regulates children’s custody and how the children’s integral protection principle and the children’s best interest principle guides not only the child’s custody, but the whole Brazilian legal system. Finally, intending to support the removal of father’s custody, we will bring court’s leading cases, demonstrating how the judiciary solved similar cases, and the recent legislative changes on the subject.
Guarda compartilhada: alienação parental e abandono afetivo de menor como meio de perda de poder familiar
(Centro Universitário do Estado do Pará, 2021) Simões, Cintya Silene de Lima; Miranda, Lívia Christine Lobo de Melo; Carvalho, Bruno Brasil de; http://lattes.cnpq.br/8378493373753040
The discussion of the joint custody institute is frequent in Brazilian society, as well as in the legal sphere. This is because, day after day, there is a slow dissolution of the patriarchal model of being a family. Some causes of this dissolution are due, for example, to women gaining space in the labor market, which resulted in female financial independence. In parallel, according to IBGE data for the first half of 2021, the number of divorces is on the rise, with an increase of 24% compared to the same period of the previous year. With this, more cases of the practice of parental alienation and emotional abandonment emerged, depriving many parents of their family power. Thus, this study proposes to bring a critical reflection on the maintenance of shared custody, in cases of parental alienation and emotional abandonment of the child or adolescent, showing that new understandings about this matter are yet to come.