Psicologia e direito: interdisciplinaridade no conflito familiar violento

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

The following paper aims at establishing a discussion regarding the understanding of the interdisciplinary scope between Psychology and Law, concerning a situation of violent familiar conflict. For such, interviews were held with a judge, a prosecutor, a defense attorney, a psychologist and a social worker. All professionals were involved in a criminal trial whose object was sexual abuse perpetrated by father against under-aged daughters and was carried out in a Federal District jurisdiction. In this case, the information gathered was analyzed under the qualitative approach Hermeneutics of Depth, which makes evident the fact that the object of analysis is a meaningful symbolic construction and demands an explanation. The results pointed to the meeting point between law and psychology: a psychosocial study. The judge had requested an in depth investigation to prove the actual existence of sexual abuse. The psychosocial forensic department presented a report, which had as its central point the understanding of the family dynamics. On the other hand, this report answered the judicial inquiries. Such denotes a conflict zone between what is requested and what is presented. This became more obvious in the utilization of the psychosocial study when the judge applied it in a one-way perspective, in order to provide them with legal demands to the detriment of psychological demands. The psychosocial study functions as an instrument to corroborate legal decision - absolving or convicting the defendant - and leaves aside systemical proportions of violence. Such proportions are not to be resolved only with the application of law to the concrete case, but with the building of an interdisciplinary action in order to attend both psychological and judicial demands. In this sense, it is necessary to develop this interdisciplinary conscience, so that these actors can become co-authors in actions that will provide more effective judicial decisions, reaching a consensus between the applications of the law with the actual psychological needs of the family members.

ASSUNTO(S)

interdisciplinaridade. hermeneutics of depth psychology and law hermenêutica de profundidade violent familiar conflict conflito familiar violento interdisciplinary action psicologia e direito psicologia interdisciplinary conscience

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