Contornos da judicialização: reflexões sobre famílias recasadas e abandono afetivo

Abstract

This paper aims to articulate two studies in the overview of Legal Psychology and taking as objects of study issues relating to the family in the sphere of justice. The main purpose of this paper is to analyze the outlines that characterize the movement of judicialization on the demands of remarried families and emotional abandonment. In general, judicialization can be understood as the movement of expansion of judicial powers to matters that used to be resolved in other spaces. With respect to remarried families, this study identified how jurisprudence can provide a way to resolve demands that are not covered by the legislation. However, respondents’ reports indicated that they look for solutions without resorting to court, which differs from the proposal found on the theoretical reference to formulate specific legislation to address this family configuration. In regards to emotional abandonment, the analysis of aspects related to the production and validation of this demand by the legal system highlights the difficulty to measure damage and its relationship with absence of affection, in addition to the important gender approach, that assigns different positions and specific roles for each parental figure. Therefore, we conclude that the judicialization trend reflects and at the same time forges demands, denoting a social change in the way society deals with family impasses.