EXPERT EVIDENCE AS A DETERMINING FACTOR IN THE JUDGE'S CONVICTION: CHALLENGES TO THE JURISDICTION IN CUSTODY PROCEEDINGS

Abstract

This study analyzes the relevance of expert evidence in family law cases. It is based on the understanding that expert evidence, particularly of a psychosocial nature, is a fundamental tool for the formation of judicial conviction, contributing to fairer decisions aligned with the principle of the best interests of the child. The research adopts a qualitative approach, with bibliographic and documentary nature, grounded in the analysis of legislation, legal doctrine, and institutional data, highlighting the role of interdisciplinarity within Family Courts. Furthermore, it discusses the shortage of experts and multidisciplinary teams in the Judiciary, pointing out its impacts on procedural delay and the effectiveness of judicial protection. Finally, the study presents alternatives provided in the legal system, such as the use of technical assistants and judicial cooperation, as mitigating measures in the face of structural limitations, reaffirming the need to strengthen technical teams to ensure the protection of children’s fundamental rights.