A necessidade de acompanhamento psicológico de crianças e de adolescentes nas ações de divórcio.

Abstract

The divorce or separation process is an intense, problematic and conflictual period, which begins months or even years before the legalization of the cause and directly affects all members of the family group, with an emphasis on the vulnerability and protection of minor children during this whole process. The objective of this study was to emphasize the promotion of Legal Psychology with the Judiciary, especially in Family Courts, as a means of guaranteeing the full protection of the psychological health of minor children during the parents' divorce phase, while helping the magistrate that of compositions for the case in progress. Thus, they were carried out on websites of scientific publications and specialized literature of professionals in the area of Law and Psychology, which the authors are all postgraduates in their respective training. The data collected provide a solid basis for the risks to which minor children are subject to the dissolution of their parents' marital relationship. Even more, it demonstrates the real importance of monitoring the psychology professional to assist in mediating and harmonizing interpersonal family conflicts, in the diagnosis and treatment of psychological problems that may arise, due to the change in the dynamics of coexistence caused by family rearrangement. There was also a survey of the legislation that directed the feasibility and applicability of child and adolescent psychological monitoring in parents' divorce proceedings, comparing similar cases in which there is the participation of the psychology professional in the lawsuits dealing with Civil Law, in particular, in cases arising of the Family Courts. A normative basis for the principles and guarantees of the rights of children and adolescents contained in the Federal Constitution of 1988, in the Statute of Children and Adolescents, in the Brazilian Civil Code and in the International Treaties to which Brazil is a signatory was presented. Given this, it was possible to understand that the lack of psychological support is a protective gap in the observance of the principles of the Statute of Children and Adolescents and other relevant legislation, thus, such psychological support is characterized as an important tool for full protection and the psychological health of minor children during the parents' divorce process. Furthermore, the information collected serves as technical content that helps the magistrate to guide his decision, according to the peculiarities inherent in each concrete case, reverberating in the construction of a more assertive judicial response, by dimensioning the subjective complexity of affective and parental relationships and its causal multiplicity.