AN ANALYSIS OF PARENTS' RESPONSIBILITY TOWARDS THEIR CHILDREN DURING THE LITIGIOUS DIVORCE PROCESS

Authors

  • Eryck Martins Mota FAMETRO

DOI:

https://doi.org/10.51891/rease.v9i11.12348

Keywords:

Litigious divorce. Child protection. Parental responsibility. Legal norms. Children in divorce. Child welfare. Brazilian legislation. Children's mental health.

Abstract

This work analyzes the protection of children in cases of contentious litigation, focusing on parental responsibility. The main objective is to investigate Brazilian legal norms that aim to protect children in this vulnerable context. The research reveals that a child, often the most fragile part of these processes, needs specific rules for their protection, which are dispersed in various legal documents, such as the Constitution, the Statute of Children and Adolescents, the Civil Code and the Penal Code, creating confusion and hindering the effective application of these laws. The method used involves a thorough analysis of these standards and a review of the relevant legal literature, seeking to identify gaps in the application of the standards and their implications for children's well-being. Key considerations highlight the need for a more cohesive and integrated approach to protecting children during litigation, with an emphasis on the mental and emotional health of minors. This study is crucial for the Brazilian legal system and justice in general, seeking to ensure a safer and healthier environment for children involved in litigation.

Author Biography

Eryck Martins Mota , FAMETRO

Graduando do Curso de Direito do Centro Universitário Fametro; ORCID: 0009-0002-4619-8254.

Published

2023-12-03

How to Cite

Mota , E. M. (2023). AN ANALYSIS OF PARENTS’ RESPONSIBILITY TOWARDS THEIR CHILDREN DURING THE LITIGIOUS DIVORCE PROCESS. Revista Ibero-Americana De Humanidades, Ciências E Educação, 9(11), 325–340. https://doi.org/10.51891/rease.v9i11.12348