Serviço social e direito de família: atuação interdisciplinar para a garantia do direito à convivência familiar e comunitária de crianças e adolescentes

Abstract

The research had as its theme the interdisciplinary action between Family Law and Social Work in guaranteeing the right to family and community coexistence of children and adolescents, a right that must be preserved, even in the event of a break in marital relationships. It is proposed as a research problem to investigate “how the interdisciplinary action between Family Law and Social Service in the processes that involved discussion about custody and regulation of visitation rights, guarantees the right of the child and the adolescent to family coexistence and community?” The objectives were to understand the interdisciplinary action between Law and Social Service in family processes, where there was a discussion about guarding and fixing the right to visit children and/or adolescents; to redeem in family law as expressing the guarantee of the right to family and community coexistence of the child and/or adolescent; and to investigate whether in the execution of family processes, in the Cascavel-PR region, where there was a discussion about custody and fixation of visits to children and adolescents, they presented indicatives about how the interdisciplinary work interferes so that there is a guarantee of the child and/or adolescent's rights, observing if there were any deviations (which should be understood here as situations or actions that occurred during the progress of the researched processes, which could be identified during the research, as for example, practice of rape and/or violence against the child and/or adolescent). The methodology is based on bibliographic research and documentary analysis of family court cases, involving discussion about custody and regulation of visits, which were electronically processed in the Family Courts of the Cascavel-PR region. Of the Center for Legal Practice of the University Center of Cascavel - UNIVEL, called NPJ/UNIVEL, which had their final res judicata comprised in the period from mid-2015 to mid-2017. The research universe was composed of 54 family processes that dealt with theme, of which 9 were the final sample because there had been during the process, an application for the performance of expertise, consisting of the elaboration of a social study of the Social Service area. It is noteworthy that works of this nature are important, since they have the purpose of demonstrating the existence and necessity of interdisciplinarity among professions, which can benefit the user, as well as seek and point out from the theoretical contribution, alternatives and/or means to assure them the preservation of the right to family and community coexistence.