The child towards the litigation in the regulation of parental responsabilities | 2015

Author(s) Nádia Jerónimo Pereira Bastos Fernandes
Advisor(s) Eva Sónia Moreira da Silva
Year 2015

Synopsis The theme we propose to develop is inserted in the area of family law, more specifically in the Institute of parental responsibilities. The main focus of the subject is to know what impact the dispute of parental responsibility has for the children who are involved, once that the family, as a social group, has undergone several changes over the past few years, resulting in a radical change of paradigms of parental responsibilities, when family dissolution accurs. It is especially in the contexts of marital disruption that the largest number of tutelary civil processes elapses, with special emphasis in the processes of regulation, amendment and breach of parental responsibilities. However, it is not the divorce itself that implements a negative impact on children. Any dispute surrounding the exercise of parental responsibilities constitutes an engine of instability and difficulties in adapting to the child, highlightning, in this framework, the parental alienation syndrome (SAP), which more recently has been generating controversy and doctrinal jurisprudence. Nevertheless, remains, still, nonexistent in law a clear and unambiguous definition of the true role of the child in cases of regulation of parental responsibilities. Thus, one can say that the present study is composed by three main headings: The first one, where we contextualize the exercise of parental responsibilities, presenting the legislative developments and their treatment in the procedural level. A second one, where we explore the need for child protection, emphasizing their autonomy and their best interest. And a final one, where the issue of parental alienation is debated, and we analyze their emergence, the doctrinal and jurisprudential controversies and their treatment in the Portuguese legal system as well as in the American, Spanish and Brazilian ones. So, as final theme, we intend to answer the following question: Is the child protected in case of dispute in the regulation of parental responsibilities in the Portuguese law?

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2018-02-07T11:49:14+00:00