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

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.

Desvelando as teias de Pinóquio :concepções de família em jovens moradores de bairros periféricos

This thesis discusses family as a social and historical construction and concerns to the perceptions developed by the peripheral youth living in suburbs. It investigates the speeches of young boys and girls who take part in Engenho de sonhos a forum composed by a pool of eleven non-governmental organizations and UFRN which aim is the elaboration and execution of projects focusing local development of poor communities in violence and social exclusion context. Throughout interactive diagnosis seminars in five communities in West Side of Natal with six hundred teenagers, it was detected the need to work with family relationships. In order to build the methodological corpus a range variety of procedures were done such as: interviews, focal groups and psychosocial questionnaires with nine local young leaders. The purpose to understand data guided the research through the theory of social imagery and pointed out the following themes: conceptions, relationship, roles, family projects. Live stories of these young population reveals conflicts when it comes to the configuration of family ties, far from the family model stated by society. Family is also, in their perception, an important space to the development of affection, in experiences of all sorts, affecting personality development and determining behaviors in local contexts. The research concludes stating the urge to comprehend this academic work as a way to fight against symbolic and emotional poverty in family context producing discussions and critical reflection in a permanent relation between juvenile social vulnerability (characterized by lacks of all orders) and potential

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

Adolescentes e jovens e suas bases de apoio :relações de amizade como suporte social no enfrentamento à violência

The purpose of this work is to map the family and community social supports for adolescents and young students from Bom Pastor Distric, West Zone of Natal/RN, as well as to describe how such resources are used by these individuaIs in that community. Social support refers not only to formal activities or organizations, but also to spontaneous or informal forms of support - friendship and solidarity nets available in the community, affective relations that are meaningful in the lives of children and young people. Our discussion is based on a research performed with 382 adolescents and young students from Jean Mermoz Public School (students from 5th to 11th grades, aged 13 to 14). We emphasized the situations of violence derived from family or community spheres faced by these students. In relation to this specific aspect, we observed the participants more frequently look for help from the informal social supports, mostly from their friends, which indicates that the formal ones are not considered to be effective instruments for social assistance. The search for informal social supports shows the relations informally established in the streets (for instance when they look for help from friends, rei atives or neighbors) have more effect and play an important role in which there are values and affections exchange. Thinking the strengthening of these social links is of extreme importance and leads to the weakening of the hegemonic logics focused on the production of subjects as private identities, and to the amplification of an ethics committed to the disassembly of a sociability anchored to fear, impotence, intolerance, discrimination, and reduction of spaces for circulating and confronting mechanisms of social exclusion. It is crucial that we concentrate our attention to building friendship as a system of reciprocity and affective exchanges, as a space for political actions and production of forms of lives that are potent against social anesthesia

Acolhimento prescrito x real: uma análise sobre as relações entre trabalhadores e usuários na estratégia saúde da família

User embracement has been proposed as a tool that contributes to humanize the nursing, to increase the users’ access to the services, to ensure the resolvability of claims, to organize the services and promote the strengthening of the links between them and the health professionals. In the city of Recife, this practice has been fomented by the municipal government and its implementation is guided by normative acts, with evaluation matrices and proposition of goals, based on a model created by the public administration. This study intended to analyze the relation between the prescribed user embracement and the real one and their interferences with the relations of reciprocity between workers and users in the health units of basic attention in Recife. Four units of the Family Health Strategy at the Sanitary District IV of the city of Recife – PE were taken as an investigation field. The investigation had a qualitative character, so, Interviews were performed involving professionals and users whose speeches were recorded by the voice digital mode and literally transcript. The obtained speeches were analyzed mostly through the Discourse of the Collective Subject methodological approach, being also used, but on a smaller scale, the technique of thematic analysis, in the dialogic way, with theoretical contributions and official documents related to the theme. The results pointed that in most of the health units the professionals execute the proposed protocols and consider that these have a positive influence for the working process in user embracement, however, factors such as the excessive demand, the physical structure of the units, little resolvability of the reference network, singularities of the units, among others, have appeared, hampering the accomplishment of the prescribed, creating, thus, a negative influence on the working process of the user embracement. The reciprocal relations have also suffered the influences of these factors, which made difficult, therefore, the circulation of gift. Meanwhile, other factors such as access, resolvability, sheltering attitude and responsabilization, potentiated the reciprocal exchange between professionals and users. The findings demand the prescriptive acts and the reciprocal relations of the user embracement to be directly influenced by the singularities present in each community, by the human variabilities and by factors connected to the structure and working process, so it shall be operated with caution in order to provide a real user embracement with quality

A vida em família: parentesco, relações sociais e estilo de vida entre os calons de Sobral, Ceará

This thesis analyzes the social relations of Cavalcante family of Gypsies who live in the city of Sobral, Ceará; especially as kinship relations are lived in a context marked by tensions and instability. From the domestic core ethnography conducted from January to June 2013, and observing the representations by gypsies around the family term, the goal is to show how these representations are activated to describe forms of solidarity between gypsies. To define themselves in terms of how a "big family", the ciganos to demarcate the non-Roma and prepare themselves for life in society codes that can be changed in the audience and situations. The paper discusses the role of family relationships in the forms of sociability and conflicts, matrimonial strategies, including non-gypsies, work practices, defining a gypsy lifestyle.

A relação entre os jovens e o corpo em Natal

O presente estudo resulta de uma pesquisa em desenvolvimento na Universidade Federal do Rio Grande do Norte que busca estabelecer relações entre o papel do corpo, em um contexto midiático, na construção e constituição da subjetividade de jovens em Natal, capital norte-riograndense. Expressões dessa subjetividade indicam que o corpo, a mídia eletrônica e a Internet são referências importantes que permitem perceber traços ao mesmo tempo singulares e universais de uma cultura juvenil, que é complexa e ambivalente por natureza

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

Antigos sujeitos, novos direitos: as relações homoafetivas estáveis e o direito de reconhecimento

Esta dissertação é um estudo sobre as representações e práticas sociais relativas à construção da conjugalidade homoafetiva e o direito de reconhecimento. Nesse contexto, são analisados os embates ideológicos decorrentes das tentativas de redefinição das representações e práticas sociais relativas à família e a conjugalidade, em sua feição heterocêntrica, a partir das disputas em torno do reconhecimento social e jurídico das uniões homoafetivas, desencadeadas no contexto da sociedade brasileira, a partir da apresentação, no Congresso Nacional, do Projeto de Lei n° 1.151/95, da Deputada Marta Suplicy, que disciplina a união civil entre pessoas do mesmo sexo

Barreiras de sobrevivência: angústias e dilemas de jovens infratores pós-institucionalização

This study critically examines the effects of public policies, implemented by Fundação Estadual da Criança e do Adolescente (FUNDAC/RN), along with adolescents of both sexes, perpetrators of illegal acts in compliance by court order, by socio-educative measures , identifying the contradictions that permeate the understanding and treatment of issue. The aim is to investigate the chances that youths have by living in Centro Educacional Pitimbu and Centro Educacional Padre. João Maria (CEDUC), to become subjects in the exercise of their citizenship. The methodology adopted is the verbal history of life (MEIHY, 2005) of youths that had life experiences in these institutions from 2002 to 2005, allowing researchers to access directly to investigated individuals, through the place where they currently reside, and enabling the reconstitution of their life story, from semi-structured interviews. The young people s statements interviewed were grouped and analyzed from the following categories of analysis: the egress and family, the school and egress, the community and egress, the egress and work, the egress and CEDUC, the egress and experience infringement. The results indicate that, despite the advances in Brazilian legislation for the sector, the actions promoted by these institutions generally would have produced innocuous and stigmatized consequences. Moreover, they show in essence that they carry on their inner contradictions which fundamentally correspond to the interests of the dominant system and a society which uses mechanisms of social policy, in addition to favoring the control and repression. And thus, while such actions remain unable to produce important changes in the conditions of existence of young people who meet by social deprivation of liberty, it is possible to say that the chances are minimal so that they become autonomous subjects in a society that, preferring their punishment, denies them, stubbornly, access to their basic rights. In theory, the researcher dialogues with authors as Foucault, Goffman, Bourdieu, Offe, Bauman, Boaventura Santos, Takeuti, Germano, Ariès, Wacquant, among others

Mulher chefe de família, na cidade de Aracaju:dominação e poder

The research was focada in the feminine head of family, the City of Aracaju and its impacts in the nuclear familiar nucleus. Considering that, the papers of the men are in general, not valued and rewarded that the papers of the women in almost all the cultures. The women generally load the responsibility to take care of of the children and the domestic work, while the men traditionally are born with the responsibility to support the family. However, we find changes in this mainly north-eastern scene and, where through quantitative research, already one evidenced that they are majority as family support, therefore, we observe the construction of social identities of the women family heads and uncurling of the adaptativos aspects, the existing mechanism between domination and power, in the familiar nucleus. The impacts in the family if had change in the social relation for them to be family heads. One is about qualitative research that has left of the construction of a theoretical landmark, analyzing given of bibliographical sources and from interviews with women family heads, power to observe the forms of joints in the nuclear families, as they deal with the power to decide power, the financial power, the fragility, the domination and the influences of the traditional models. Analyzing the familiar relations between the woman, the children and the spouse, searching the excellent questions for the briefing of the thematic one, demystifying the dichotomy between the mother/wife and woman head of family in the residential environment

As práticas educativas na saúde da família: uma cartografia simbólica

This qualitative research aimed to understand the educational activities carried out in Family Health Units, of the municipality of Mossoró-RN. It was used symbolic cartography to organize and present data from reality. It started on the approach of Health Education and knowledge transformation practice, aiming at the development of autonomy and responsibility of individuals and healthcare, publicized by the appreciation of the interpersonal relations area established in services, such as educational emancipator practices contexts. Individual and collective interviews were realized, conducted with health professionals and users of ESF, about themes, activities, membership, the difficulties, the potential and the design of health education that permeate everyday Family Health Strategy. From what was apprehended, thematic maps were done with the analysis of educational practices of professionals belonging to the Family‟s Health. Links are built with the wires of conceptions of education reflected on themes and activities of family health teams. The storylines are rebinded by voices about the difficulties and the potential of educational processes for emancipator postures. For users, health education means proper care and information on disease prevention. Professionals understand that it is all information that is given to users, about health, social well-being, economic and general condition of human being as a way of preventing and treating disease. Mark printed on voices denote that activities and themes worked don‟t motivate users enough for their participation, being that physicians and dentists also get excluded themselves from educational practices. Elderly groups are those who get most involved with the activities. The size of the contained area and its seclusion from community make harder the access of users, as well as diminishing the quality of educational actions and links users-professionals. Therefore, the searching for medicines, medical consultations and wish to be well served are trademarks of voices from the users that interconnect with enlightening information and guidelines offered by professionals to users. It brings out practices that need to incorporate the social, the subjective and act with practices of prevention and health promotion, on the basis of lifestyles. The dialogical model, which needs to be approached since planning phase of health education actions could arouse interest of involved groups; promoting a relationship of dialogue and listening; discussing the local reality; stimulating practical methodological dialetics; promoting processes of deconstruction of concepts, values and attitudes, as more necessary than construction, using multiple languages. The defended thesis denotes paths to other studies aimed at understanding a dialogical template committed to exchanges of knowledge, and discover strategies that encourage formation of critical consciousness and the discovery of how is the training of new generations of healthcare professionals to belong to the project of society, in its technical, scientific, pedagogical, ethical, political and humanistic dimensions