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Parental alienation: jurisprudential analysis from a feminist teorycal and normative perspective of the human rights of women

Grant number: 17/26174-6
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): March 01, 2019
Effective date (End): December 31, 2019
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal researcher:Fabiana Cristina Severi
Grantee:Camila Maria de Lima Villarroel
Home Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

This research project presents as its essential issue the effectiveness of the Human Rights of Women with regard to the Parental Alienation institute and its application by the judiciary. The main purpose is to analyse how Courts of Justice and judges in Brazil's Southeast region have been sustaining the application of the Law of Parental Alienation (Law nº 12.318/2010) in their decisions. As specifics objectives, it is sough a) to present a bibliographic review of: Feminist Critical Theory and Parental Alienation; b) to identify the textual elements in which certain terms related to maternity and women are mentioned by judges and local Courts of Justice; c) to present a general, predominantly quantitative, panorama of judicial decisions, in order to study the major position in the system of justice; d) to produce inferences and conclusions from the legal researches about the Human Rights of Women. The methodological reference will be based one the Analysis of Content method, which consists on a series of techniques for the analysis of communications, being a new methodological purpose of jurisprudential study. Thereby, it will be possible to develop relations between the feminist critical theoretical frameworks adopted, the social juridical transformations in Family Law and the Courts' interpretations in the material used to produce the research will be composed of theses, essays and articles about the issue, contrasting (or complementing) them to studies about Family Law from a critical perspective about the Humans Right of Women, as well as normative arrangements that ratify these rights, such as "Convention CEDAW" and "Convention Belém of Pará". We will analyse rulings from Courts of Justice and first instance judges from Brazil's Southeast, separating their variables: granted/rejected; shared custody/partial custody/unilateral custody; mention of the women rights/ absence of this mention; previous application of Maria da Penha Law/absence of this previous application of Maria da Penha Law.It is expected that this research will be able to offer aid for the scientific and critical analysis of the Law n. 12.318/2010, still not very much explored in the Academy. Also, it is expected that this research can provide a general comprehension of the mechanisms used in Courts of Justice's and first instance judges' decisions, in order to help the judges comprehend the effect of their practices.

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