O AMBIENTE JUDICIÁRIO E AS INTERAÇÕES COM AS FAMÍLIAS POBRES: RISCO OU PROTEÇÃO ÀS RELAÇÕES FAMILIARES?
In order to construct an ecobalanced society it is important that social scientists, researchers and politicians seriously think in the improvement of social structures. Family relations have an important role in human existence and constitute a context within which the development and learning of important competences take place. The biotechnological approach to human development puts forward the importance of other interactions and proximal processes established beyond the family microsystem. The present study is an attempt to investigate the processes, interactions and relational mechanisms operating in the service offered by the judiciary environment to poor families facing judicial conflicts. Its main objectives were to analyze forms of interaction between professional and families in the reception processes; to investigate the perceptions and beliefs of professional and families which may influence the judicial process; to identify factors which may minimize or amplify familiar conflicts and, therefore, become a risk or protection to human development. The method employed was that of ecological insertion, which assumes the constant presence of the researcher and his/her investigative look during a certain period of time in the investigated environment. The instruments employed for data collection were: field diary, utilized during observation of processes dynamics, including in the waiting rooms, audience rooms and secretary of family sections of judicial sections and the semi-structured interview with four law professionals as well as with members of a nuclear family whose conflict was submitted to the judicial system. Data analysis followed the textual procedure, consisting in the unification, with posterior categorization and production of interpretations by reading and profound writing of recursive processes. The results indicate that personal beliefs of the professionals regarding the familiar world are in agreement with the relational reality mainly based on affectivity rather then on consanguinity or legal bonds of these groups. The professionals understand the adversarial system as a factor imposing risk to familiar relationships. The friendly agreement is pointed out as a ?healthy? solution improving the quality of familiar liaisons. On the other hand, the works feel impotent in relation to the general disbelieve of the population on the protective role of the judicial system, and refer to their ignorance on psychological approaches, which may increase the efficiency of family conflict solution. The existing pressure for increased productivity, accumulation of work and the distorted and attributed notion of power present in the imagination of the general population constitute important aspects interfering in the development of the activities involved in the solution of such conflicts. The observed families, as well as the interviewed one, on their turn, have a distorted perception of the judiciary, which is not recognized as an environment at their disposition to preserve private and collective interests through the making of justice in concrete cases. Families recognize in the judicial system and in its operators the abstract figure of the law, seeking for help only as a last resource. They affirm that, after the starting of a judicial process, familiar communication becomes more difficult, reaching a complete absence of dialogue, only reestablished during the judicial process, in which the language is specific to the field of Law. Such results point towards a disconnection between law professionals and the individual involved in family issues, which may bring difficulties in the conduction of conflicts with the aim of implementing mechanisms which may protect the quality of family relations.
Advisor:Sérgio Amaral Campello; Susana Inês Molon; Maria Angela Mattar Yunes
School:Fundação Universidade Federal do Rio Grande
Source Type:Master's Thesis
Date of Publication:09/12/2007