Mediação como instrumento de desjudicialização das questões familiares: constitucionalização do Direito de Família

The Liberal Constitutionalism emerged from the late eighteenth century, a period of major revolutions (French and American), fruit of the struggle for libertarian rights. Although the time of the first written constitutions, these were linked to mere political letters, did not provide for fundamental human rights, as it is, so only on the state organization, structure of powers, division of powers of the state and some relations between state and individuals. There was a clear division between the civil codes and constitutions, those governing private relations and acted as barriers to non-state intervention. After the Second World War, the constitutions are no longer Letters political order to establish how the human person, in order to enshrine the fundamental rights, the primacy of constitutional principles and take their normative function against ordinary legislator. Constitutional evolution gave the name of contemporary constitutionalism, based on repersonalization or despatrimonialização of Private Law, ceasing the separation of legislative civil codes and constitutions, in favor of the protection of fundamental rights of the human person. And this tendency to the Brazilian Federal Constitution of 1988 brought higher ground the dignity of the human person, the epicenter axiological legal to govern private relations, including family law. The constitutionalization of family law motivates the adoption of desjudicialização family issues, so as to respect the direio intimacy, privacy, private autonomy and access to justice. Conflictual family relationships require special treatment, given the diversity and dynamism of their new compositions. The break in the family relationship is guided in varied feelings among its members in order to hinder an end harmonic. Thus, the judiciary, through performances impositive, not to honor the power of decision of the parties, as also on the structural problems faced to operate on these cases, the environment is not the most appropriate to offer answers to the end of family quarrels. Situation that causes future demands on the dissatisfaction of the parties with the result. Before the development of the Family Law comes the need to adopt legal institutions, which monitor the socio-cultural, and that promote an effective assistance to people involved in this kind of conflict. In obedience to the private autonomy, before manifestations of volunteers involved in family mediation, among autocompositivos instruments of conflict resolution, is indicated as the most shaped the treatment of family quarrels. Remaining, then the state a minimal intervention to prevent excessive intrusion into private life and personal privacy

A manifestação da vontade da criança na disputa judicial da guarda: escuta psicanalítica/

Currently, in custody disputes, the child has the right to be heard and to have its opinion considered, according to its age and maturity. The psychologist/psychoanalyst who works in the Family Court is required to produce a Report with the purpose of helping the Court´s decision. The present research aims to discuss and to find guiding principles for the hearing of the declaration of the child´s will in a custody dispute by its parents, from a psychoanalytical perspective. The case of a nine year old girl that affirmed in Court the desire of living with the mother and seeing the father only once a year is the starting point of this theoretical research over the psychoanalytic fundaments of the hearing of the case, how it appeared in that experience and how it was reflected in the report. Throughout this work, the peculiarities of psychoanalysis as a way of understanding the subject and the conditions that must be observed so that a sctrictu sensu analytic hearing is possible are studied. Then we present a reflection of the case, in the light of the theories studied, verifying that we could observe in the experience: i) the assumption of a subject of the unconscious, divided and desire full that constitutes itself from the oedipic structuration, that leads to the difference between speech and speak; ii) the concept of the child as having a sexuality of its own; iii) a hearing based on the ethic principles of psychoanalysis and the analysts'' formation. In the final considerations, we state that the institutional demand of a meaning for the case is a great difficulty for the analyst since he works from a place of 'not-knowing"

História e educação de mulheres remanescentes indíginas de missão do Sahy.

El estudio Historia y educación de mujeres indígenas que quedan em Missão do Sahy pretende comprender, a través de recerdos y memorias, la transmisión de costumbres y prácticas educativas de un grupo de mujeres en sus relaciones con la familia, la escuela y la religión. El enfoque teórico-metodológico utilizado fue la Historia Oral, un enfoque que oferece la oportunidad de trabajar con la historia de mujeres y la memoria, tratando de reconstruir algunas de las experiencias de estas mujeres que tienen la custodia de las historias y los conocimientos transmitidos por los antepasados, como activistas en las actividades de la Comunidad, los partidos políticos, en la dirección de las asociaciones de la comunidad y los mantenedoras de la iglesia. La encuesta se realizó en el Distrito de Missão do Sahy, un asentamiento franciscano instalado en 1697 y abolida en 1863, em el territorio de Las Jacobinas, la ciudad de Senhor do Bonfim, en el norte de Bahia. El estudio demostró que todavía hay uma fuerte presencia de la práctica de los Padres Franciscanos, los creadores del pueblo, también mostró que las orientaciones religiosas han contribuido significativamente a fortalecer el papel de la mujer en Missão do Sahy como madre y esposa. Este estudio también mostró que el sesgo afecta a las más jóvenes remanescentes que - ni india ni negra - todavia son victimas de discriminación, un hecho que quizás tiene su origen el desconocimiento de la identidad de estas mujeres. Varios autores han contribuido en este estudio: Halbwachs (2006), Bosi (1994) y Pollak (1989) contribuyó a la construcción del estudio de la memoria, Perrot (1988, 2006, 2007) y Del Piore (2007) proporcionaron la base para la historia de la mujer; Machado y otros autores regionales (1993, 2007), Lourenço Pereira da Silva (1906, 1915), Adolfo Silva (1971), Edith Davis (1997), Joseph Davis (2001), Da Paz (2001, 2004), Oro (2008) , Santos (2007), Araujo (2002) y (2008 Vieira Filho) contribuyeron a la construcción de una historiografía de la zona de la investigación. Cronistas Frei Martinho de Nantes (1979) y Frei Venancio Willeke OFM (1994), además de teórico Norbert Elias (1993), de Michel de Certeau (1994) y Philippe Aries (1981), que presentan elementos importantes para el análisis de las pruebas.

Violência intrafamiliar contra a criança: intervenção de enfermeiros da estratégia saúde da família

Objetivou analisar a atuação dos enfermeiros da Estratégia Saúde da Família frente à violência intrafamiliar contra a criança, visando identificar ações de prevenção do problema. Pesquisa descritiva e exploratória de cunho qualitativo, cujos dados foram analisados conforme análise de conteúdo. Participaram do estudo 14 enfermeiros da Estratégia de Saúde da Família do município de Mossoró-RN. Dados coletados utilizando-se questionário semiestruturado. As ações de promoção à saúde são atividades educativas desenvolvidas após detecção de casos. O medo de represálias do agente agressor, a sobrecarga de trabalho, a falta de apoio dos gestores e a dificuldade para a materialização da interdisciplinaridade, intersetorialidade e integralidade da atenção foram mencionadas como barreiras ao enfrentamento do problema

Percepções das relações entre trabalho remunerado e trabalho voluntário: um estudo com voluntários da pastoral da criança

O trabalho é uma atividade de fundamental importância na vida do homem porque é uma condição essencial para sua existência social. Ao longo do tempo o trabalho teve diversas definições e significados, mas na atualidade pode-se dizer que ele sintetiza e satisfaz três necessidades essenciais da natureza humana, a necessidade de subsistir (função econômica), a de criar (função psicológica) e a de colaborar (função social). Nesse contexto a presente pesquisa objetivou compreender as relações estabelecidas entre os trabalhos remunerado e voluntário, na perspectiva de identificar os aspectos convergentes e divergentes dessas atividades, que possam explicar a permanência dos sujeitos nas duas dimensões laborais e ao mesmo tempo entender qual a importância e reflexo que ambas as atividades têm na vida dos entrevistados. Como instrumento de coleta de dados foi utilizado a entrevista semi-estruturada do tipo focalizada. Foram entrevistados nove líderes da Pastoral da Criança no mês de dezembro de 2009 na cidade de Natal/RN. Os dados foram interpretados à luz da análise de conteúdo, proposta por Bardin. Os principais resultados encontrados quanto aos aspectos convergentes do trabalho remunerado foram a importância do salário para prover a sobrevivência, convivência com as pessoas e troca de experiência além do valor do trabalho para manter a dignidade do homem. Os pontos divergentes enquadraram: trabalho como obrigação, competitividade no ambiente laboral e baixa remuneração. Quanto ao trabalho voluntário, os aspectos convergentes emergidos foram a realização pessoal, a solidariedade, o envolvimento com a causa da Pastoral, valorização das coisas que possui diante de outras realidades mais difíceis, reconhecimento e prestígio dos voluntários pelas famílias assistidas, e por fim a visão do trabalho voluntário como complementação da vida. Com relação aos pontos divergentes foram citados a falta de comprometimento de alguns voluntários, bem como a necessidade de adesão de novas pessoas à este tipo de trabalho, limitação de querer fazer mais e não poder, exigências do público assistido e imagem distorcida da missão da Pastoral da Criança por parte das famílias, além da constatação dos níveis de pobreza e injustiça social que geram desigualdades as mais diversas. Sobre os aspectos marcantes para a permanência dos sujeitos nas duas esferas de trabalho, o amor, a dedicação, a realização pessoal foram os motivos mais apontados. Nas relações entre os dois trabalhos, as transferências de valores aparecem como recíprocas e naturais, sendo aproveitados para estabelecê-las o que cada atividade laboral apresenta de melhor. Conclui-se que o altruísmo, a solidariedade, a generosidade, o acolhimento, a paz espiritual, o bem-estar e sobretudo o amor, são sentimentos que sustentam e confortam o homem, cujas relações aparecem de forma expressiva nas falas dos entrevistados e permeando todo o decorrer da pesquisa.

Tecendo vivências e sentidos do câncer infantil : família, doença e redes de apoio social em Natal-RN

This paper discusses the experiences related to the treatment of children´s cancer which had children, their mothers and families as their main characters. They were mainly originated from areas in the countryside and urban poor areas in the State of Rio Grande do Norte. The non-governmental organization Grupo de Apoio à Criança com Câncer (GACC) was the privileged ethnographic location. In this setting, the mother, which was called acompanhante (companion), and the children, defined as pacientes (patients), were often sheltered in reason of therapeutic practices and the treatment undertaken by children in a nearby hospital. This study aims to focus on the therapeutic itinerary, beyond the children´s suffering, dealing with the family as a whole, since the moral values from these popular families imply the complete involvement of the family in relation to the illness and its treatment. Therefore, it is experienced as a family problem. We also intend to understand the construction of meanings to the illness, dealing with the ideological continuity in the relationships between the families and the GACC. These meanings were built in the intersection of these two spheres, which refer particularly to medical, religious and emotional explanations. Ethnographic methods were applied in this research at the entity and another social contexts, such as the family households. I also tried to retrieve the process of treatment outside the GACC, visiting the family context, when doing dense interviews or just having conversations with informants. It was found that the GACC, as a non-governmental organization, generates a negotiation of identities, which develops, then, through the family as a whole, but also through the child and especially the mother, affecting, in some way, their internal organization. Furthermore, the meanings of the experience of illness appeared to be shaped by the family sphere as well as by the logic of public health structures

O teatro do oprimido e sua contribuição na formação da criança com transtorno do déficit de atenção com hiperatividade

This research investigates and reports the contributions of the Theatre of the Oppressed and its techniques as a therapeutic resource in the education of children with Attention Deficit Disorder with Hyperactivity. In the first chapter organize one studying theoretical seeking to conceptualize and understand the Learning, Attention Deficit Hyperactivity Disorder, seeking to better understand the behavior and the behavior of children with ADHD. Researching on the symptoms, causes and effects of this syndrome. Trace a relationship between familyschool- specialists in an attempt to prove the importance of family support in the teachinglearning process and treatment of these children. In the second chapter start conceptualizing theater, the relationship between work-Theatre-Education Therapy, explain the difference between the theatrical stage and the therapeutic stage. Account the importance of theater games in the classroom and its contribution to social and educational training of the child. Justify the choice of the Theatre of the Oppressed recognizing him as the primary method for this research, because it is a set of exercises, games and techniques that help the child regain equilibrium relations, developing autonomy, encourages creativity and spontaneity, freeing them from their oppression. Besides being an efficient transformation behavior, improving behavior, allowing the inclusion of children in society. It is verified the effectiveness of the method and techniques in their work with children Municipal School Professor. Antonio Severiano in Natal / RN, allowing these children develop body awareness, working senses, thought, memory, inhibition, teaching to expose your point of view, understand and deal with their emotions, respecting its limits and develop their motor and cognitive skills

Aqui, todo mundo é da mesma família : parentesco e relações étnicas entre os ciganos na cidade alta, Limoeiro do Norte CE

This study aims to understand how facing a context of Constant interaction whit the local population, the gypsies family Alves dos Santos, neighborhood residentes in uptown, Limoeiro do Norte Ce, maintain a sense of ethnic belonging. To that end, I analyze both the social relations between Gypsies and non-gypsies community, as it is from the contact that the social boundaries are delineated, as the discourses and social representations that are used to qualify them from stigma. So, I found that grounded in the notion of family, gypsies are seen as a group, searching the history / past nomadic origing and blood common elements that underlie its condition, and the language a cultural trait that makes it possible to establish objective distinctions among gypsies and other community residentes, becoming thus a diacritical mark.

A construção de um estilo de vida: família e relações de gênero na participação do projeto ético-político renovado

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

A Escola sob o olhar da família: relações que se compreendem e se praticam no cotidiano

This study approaches the relations of family and school, from the perspective of the family. It aims to analyze the meanings attributed by family to the school as a space for plural relationships, and understand the relations that these mothers constitute culturally with schools and their everyday pedagogical practices. When we seek to understand this problematic, it was established as guiding principles of the search in/from/with everyday life. Accordingly, we focused on, as main interlocutors, mothers and authors such as Certeau (1994), Morin (2000) and Freire (1978), among others, on the understanding that cultural diversity is an essential element of the complex relationship between family and public school, because they come from different cultural contexts. In the course of the research it was made the use of the procedure of dialogic conversation as a production process and information analysis. The current analysis highlights that families observe the difference between cultural and report that they are from different socio-political context set by the school, they came from rural areas and their lives were marked by the struggle for survival, and the work activity has been present since their childhood. For the families that participated in this research the school is/was not part of the cultural repertoire significance in their lives and it feels that they attribute to them, are in negotiations with their symbolic universe. The mothers hold a speech of a schoolar binding and pertencing, but the school has the time as possible in their daily lives. Thus, the dynamics of family and school relationships, is configured as complex, and the ambiguity in maternal speech marks a thinking/doing about the school in which they demonstrate ways of making the common man, involving the art of duplicity of the saying and doing, gimmnicks and antidiscipline

Atuação dos enfermeiros da estratégia de saúde da família frente à violência intrafamiliar contra a criança

The family violence against children became visible, in the context of public health, due to the damage and injuries generated in the lives of children and to the growing need of investment in physical and human resources to fill this demand. In this context, it is believed that intervention could prevent such events and are configured as primary strategies to prevent the corollaries generated by the violence. In this perspective, this study aims to analyze the performance of nurses dealing with the Strategy of Family Health viewing to identify actions based on the paradigm of health distribution. This is a descriptive, exploratory and qualitative research. The data were analyzed based on the content analysis about the method proposed by Bardin. The study was conducted in Mossoró-RN and the participants were 14 nurses working for the Family Health Strategy in Health Units of this town. The instrument for data collection was a semi-structured questionnaire, with questions answered by the participants themselves. It was evident to the study that the nurses believe that health education are the main tool for dealing with domestic violence against children, being developed, however, in its positivist and vertical way. The actions used to develop health performed by the team on their daily lives are limited to educational activities and are carried exactly when cases of family violence against children are notified. Barriers to the practice emerged from fear of reprisals from the agressor, overwork, lack of management support and difficulty for the realization of interdisciplinary, intersectorality and comprehensive care.

Análise de qualidade da atenção à criança na estratégia saúde da família: o óbito infantil evitável como referência

Alma-Ata declaration bring the Primary Attention to the Health (PAH) as first level of health attention for individuals, family and community, which considers infant group as priority. Several initiatives that gave bases to integral attention to the children health formalized in the principles of Unique Health System. Family Health Strategy (FHS) comes to strengthen this attention, instituting new ways of work organization and professional practices that gave impact in their quality indicators. One of them is children mortality, showing decline in their values. Though, studies indicates persistence of avoidable infant deaths. In Natal RN, this reality is also perceptible leading to inquietudes, mainly at the space of services production, it means, which motivated the accomplishment of the present study intending to analyse the way that the organizational and structural processes as long as the professional practices in FHS interfered in the quality of children s health attention who died by avoidable death in the year of 2007 in municipal district of Natal-RN. It treats, therefore, to an exploratory and descriptive survey of cases study type, thar had as primary sources the oficial documents of MH, the family prontuary, pregnant card, child card and testimony obt ined from instrument of research elaborated based in investigation form of infant death by MH, applied to 10 mothers of children who had avoidable death. In analysis it was appealed silmultaneous triangulation of methods and sources, allowing a bigger aproximation from obtained informations. To elucidate the cases, the aspects studied were analyzed to the light of explicative model of Social Determinants of Health. Among individual and family aspects were highlighted the related to age, schooling, family habits and customs and mother s economic condition, besides of pregnancy age, newborn weight and associated diseases, which don t differ from literature about the theme. Reffering to the factors organizational and structural processes and professionals practice, highlihgted, the treatment given by the professionals, the territorialization and adscription of areas, the difficulty of having access to the services or sleepers and the reference and counterreference. But also, the ausence or few greet, the lack of communication, few assiduity and ponctuality by professionals in service, among others. In a general way mothers considers the attendance received in the hospital good and very good , opnions that in the Basic Attention weren t so favorable, in spite of many of predictible actions in this level have been performed in the studied cases. It is observed, therefore, that the social determinants of health has a strong influence in ocurrence of infant deaths, what implicates in a large actuation by Infant Mortality Committee from municipal district. This way, it becomes fundamental the reflection and evaluation about the effectiveness and execution by the processes of vigilance to health in FHUs; the rethink about the social determinants of health in a wide and articulate way to the services quality, to permanent education, to management in service, to the given attention and to the way how it is installed the popular participation and social control. To the professionals it is presented the great challenge to review their daily practice, their values, behaviors and commitment, which ones must be guided by logical of sharing, work in team, humanescence and alterity, not only by the accomplishment of a professional duty

Acompanhando o crescimento e o desenvolvimento da criança : uma intervenção integrada entre enfermagem e família

The accompanying the growth and development of the child is the guiding line of basic health measures directed at this public, acting within the scope of health monitoring and inferring positively in the rate of infant morbidity and mortality, which are still a preoccupation worldwide and in Brazil. However, mostly, this practice is based on the biomedical model of care, individualized, with emphasis on the medicalization and complaints, favoring the passivity of users. Given this issue, aim to develop accompanying the growth and development of the child in a Basic Unit Family Health, through a collective approach of medical care next to a health team, especially nurses and caregivers. This is a qualitative study, with the research-action method. Involved the four nurses and twenty-six of children's caregivers of the area of Basic Unit Family Health of Cidade Nova, in Natal, in the period from February to July 2010. The results were analyzed following the direction of the thematic analysis of Freire. In the situation analysis of the current reality of the accompanying the growth and development the children in the Basic Unit Family Health, through participant observation and applying a questionnaire to the nurses, we realize that despite these professionals have a knowledge tied to the paradigm of health promotion, in practice the monitoring of child is done through individual consultations in outpatient room, based on complaints brought by caregivers, with little solvability in actions employed. Given the need for change in medical care model, we decided jointly, in the focal group, for the collective monitoring of children's the growth and development, featuring then this proposal to the multidisciplinary team, discussing the participation of professional categories and planned collectively the actions. In the implementation stage of collective action, we contemplate the execution by the caregivers of anamnesis and physical examination, recording data in the Child Health Handbook and discussion of clinical findings, under the supervision of nurses and facilitators. In the evaluation, we found that this collective accompanying strategy allowed to caregivers learn new knowledge, exchange experiences, assistance in home care, beyond reduce the waiting time for medical care and creating opportunity of more time for debate about the children‟s health situation, differing of ambulatory care. As difficulties, we face with a high rate of defaulters (53.8%), lack of motivation and passivity of the users, little participation of other health professionals and nurses' involvement in other activities, technical and bureaucratic in the moment of care. Thus, we note also a strong rooting of individual clinical model on the way of thinking and acting of nurses and caregivers

Inclusão da criança com deficiência na estratégia de saúde da família

The objective of analyze the shift of the working process of the ESF team in care of children with disabilities, from awareness-raising actions. It is a qualitative study, with the action-research method. Thirteen health professionals were involved from two teams of ESF unit area of the Unidade de Saúde da Família Dr. Chico Porto (UBSFCP) in Mossoró, from March to August 2011. Data were analyzed following the direction of freirean s thematic analysis. In the situational diagnosis of the current reality of CwD assistance in that UBSFCP, through participant observation and application of semi-structured interviews with professionals, we realize that despite these actions carry some assistance to the CwD, in practice few are used for inclusion and accessibility. The monitoring of the CwD is done through individual consultations by each team professional, home visits when possible, both ruled on the complaints and problems, with little solving in the used actions. Since the need for a change in the treatment model and training requirements as pointed out by professionals in the interview, then we decided to build the proposed of training suggested by the multidisciplinary team and put together collectively the achievement of this moment in all its phases. In the step of implementation (action), aspects related to the current situation in Brazil and Mossoró (Laws, policies and health care) for the CwD and CwD Assistance and their family in the ESF in the first two moments of the first training (action) were contemplate. On the second day we discussed the specialized care to CwD, contribution of the Handicapped Parents and Friends Association of Mossoró and in a second moment a workshop was held in which awareness for inclusion of CwD and actions of ESF were discussed. All these moments were discussed and collectively constructed. In the evaluation, we found that implementation (action) allowed to the professional the comprehension of new understandings about people with disabilities, on ways to include, guiding, caring, watching, and mainly to have a new vision on health assistance of the CwD, expanding assistance beyond clinical aspects and recognizing the educational aspects of the rights and duties of citizens and the inclusion of these children in the social spaces area. As difficulties, we face the need for some professionals to be absent to attend another job, solve personal problems, and little or no participation. Thus, during this action-research, the subjects were able to realize the importance of carrying out their practice to the quality of life for him and to the one they care

A inserção da equipe da Estratégia Saúde da Família em um Centro Municipal de Educação Infantil na promoção da saúde da criança

The joint enters the teams of the Strategy Health of Family (ESF) and the Municipal Center of Infantile education (CMEI) blunts as a form to assure the monitoring and promotion to the health of the children of 2 the 5 years when entering the day-care center environment/daily pay-school. It was traced as objective: To analyze the actions developed for the team of the Strategy Health of the Family in the promotion the health of the child, taken care of in a CMEI. Description-exploratory is to a study, qualitative nature, the type research-action. Developed in a CMEI and the USF of the quarter of New City, Natal-RN. The population was constituted by the professionals of the team of the ESF and the CMEI and parents. During the stages of the research-action diverse techniques had been used as the individually interview and in group, focal group, comment participant, and daily of field. The analysis of the data occurred by means of the content analysis, in the thematic modality, proposal for Bardin (1977) and description of the stages of the research-action. In the stage of situational diagnosis that it investigates the reality lived deeply for the citizens of ESF and CMEI how much to the health of the child seven categories had emerged that they enclosed: the context of the attention child in the CMEI identifying the actions that already came being developed for the ESF in the CMEI; the functioning of the CMEI and its routine of activities; the paper of the CMEI in the care the child; the daily one of the ESF, how much to the care to the health of the child of 2 the 5 years involving the diverse difficulties faced for the ESF; difficulties faced in daily of the CMEI for the care the child of 2 the 5 years; paper of joint ESF and CMEI for the confrontation of the difficulties; e action of health to be developed that they had subsidized the stage of planning of the research-action. During the stages of planning and implementation of the actions the actions of education in health with professionals of the CMEI and parents had been materialize and the actions of direct attention the health of the child. In the stage of evaluation of the actions for the involved citizens one searched to ahead understand the perception of the actions developed and perspective of continuity of the actions, through 4 boarded subjects for the citizens. For all the passage of the research-action it can be inferred that joint ESF and CMEI is a necessary initiative ahead of the current situation of the services of health for the promotion of an integral attention the health of the child, but that the teams of the ESF not yet make use of material conditions and staff enough to develop actions that exceed the limits of the USF, being necessary for this the reinforcement of the joints mainly with the Federal University of the Rio Grande of the North.