A voz dos filhos no divórcio dos pais: práticas de inclusão

Abstract

This paper aims to contribute to the debate about the place of children in the separation / divorce of their parents. The subject will be approached from three aspects: first, an analysis of the achievements of children and adolescents from the legal framework established throughout the twentieth century, culminating in Brazil with the Child and Adolescent Estatute (CAE) that recognizes the essentially democratic conception of the family, establishes the right to freedom of opinion and expression of children and adolescents on issues that concern to them, and also the best interests of the child, priority concept that should guide all governmental, judicial and civil actions. Secondly, the theme of the new paradigms built from the second half of the twentieth century will be studied, highlighting the Systems Theory applied to the study of the family and its functions recognizes it as a system consisting of active subsystems, interrelated, dynamic and open, where the event of separation / divorce affects all its members to a greater or lesser degree. Thirdly, in the light of studies of Sociology of the Family and the significant increase in divorce cases, the family nucleus shall be made by children, given its perennial status as opposed to growing instability of the married couple. Finally, some practical assistance to children in situations of divorce / separation of parents will be analyzed, such as Psychological Exam, Collaborative Advocacy, the Office of Parents and Children, and especially the Family Mediation