Divórcio com violência intrafamiliar: construtor do direito como conciliador de litígio

Abstract

Based on Social Constructionism, the present study seeks to understand how co-construction of the litigation is involved with cultural meanings and how these meanings can be negotiated and renegotiated by ex-spouses through communication in the conciliation carried out by the builder of the Law. The subjects participating in the study were four ex-spouses referred by the Court of Justice of the State of Goiás to the Educational Justice Project for Families, field of research. The construction of the information took place through the ex-spouses narratives about their life stories, marriage, divorce and litigation. The interpretation in the light of social constructionism, and more specifically, of the socio-constructivist and cultural theory of human development, made it possible to understand that: 1) intrafamily violence in divorce and also litigation are co-constructions and not the responsibilities of on of the former spouses; 2) these co-constructions are involved with cultural meanings with which ex-spouses live together; 3) the builder of the Law can effectively contribute as a conflict conciliator when it allows the exspouses, in the hearings, a space for negotiation and renegotiation of the cultural meanings of the litigation and so that they are able to position themselves in relation to the judicial process, and assume the exercise of shared custody, a model that supposedly serves the best interests of the child