Convivência materno-filial e vulnerabilidade socioeconômica: uma análise da proteção de direitos maternos por órgãos jurisdicionais paraibanos

Abstract

This research seeks to verify whether specialized judgments of the first degree of jurisdiction of the Paraíba Court of Justice, in deciding on the need to remove children and adolescents from maternal possession, respect and protect their fundamental right to cohabitation, exhausting measures drastic protective measures and facilitating family reintegration. By express legal determination, the natural family should be preserved until such time as the parent's inability to provide the child or adolescent with the basic care inherent in parental authority and exposing him/her at a risk situation. However, there remains a gender issue to be debated in relation to what is understood as due exercise of the burden, since the same society, which conditions women to marriage and maternity, does not guarantee her equal access to work, income, health, family planning and other basic social rights. Thus, state intervention in the family, based solely on the condition of maternal socioeconomic vulnerability, even under the pretext of protecting the best interests of children and young people, may prove abusive. The relevance of this study is justified by the repeated denunciation by national agencies of the Child Protection Network and the media that Brazilian women have been disqualified from the possession of their minor children, without any formal accusation of abuse or neglect in the exercise of care. The research is descriptive, bibliographic and documentary, using the deductive method of approach. As for the procedure, it is functionalist, comparative and of interpretation. It departs from the paradigms of the Constitutionalization of Civil Law, a legal phenomenon that erected, without prejudice to others, the principles of human dignity, solidarity and the doctrine of integral protection to guide the protection of families, as well as the Feminist Theory of Law. , developed by lawyers such as ToveStang Dahl and Martha Albertson Fineman, to understand the situation of female socio-legal inequality in its material sense.At the end of the study, it was concluded that, in Paraíba, jurisdictional bodies violate the right to maternal-filial coexistence, based on a pattern of discriminatory morality, which, before welcoming, denies vulnerabilities