Teses de Doutorado

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Browsing Teses de Doutorado by Author "Andrade, Celeste Maria Pacheco de"

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    Filhos do coração: o reconhecimento jurídico da multiparentalidade nas famílias neoconfiguradas no Brasil
    (Universidade Católica do Salvador, 2015-10-21) Vargas, Hilda Ledoux; Menezes, José Euclimar Xavier de; http://lattes.cnpq.br/5194408237403794; Coutinho, Denise Maria Barreto; Quinteiro, Maria Esther Martinez; Andrade, Celeste Maria Pacheco de; Barbosa, Camilo de Lelis Colani
    This paper aims to examine the possibility of recognizing the multiparenting in families formed by marriage or the common-law marriage with children of one or both members of the couple, from previously broken links, here called newoconfigurated families. These families gained visibility in the 2010 Census, conducted by the Brazilian Institute of Geography and Statistics - IBGE, which, for the first time, pointed his existence and social relevance. The coexistence in the family environment, which is reconstructed on the pains and marks from previous relationships can bring to fruition a sense of parenting that overlaps the biology and transforms people involved in "parent-child heart." The constitutional interpretation that develops this work recognizes the affection as na element of parental bonds able to determine the state of soci-affective filiation and as a legal principle of constitutional order promoting human dignity and determining the kinship constitution, by the art. 1593 of the Civil Code of 2002. The thesis proposal is that is possible the recognition and production from all the legal consequences of multiparenting in newconfigurated families, through the interpretation of the Constitution, the family context in contemporary plural society and paradigmatic changes verified with regard to kinship and affiliation, in Brazilian law from the Constitution of 1988. The interpretation of the affection principle in conjunction with the s of freedom, equality, solidarity, prevalence of child's best interest and adolescents, legal certainty principles allows the understanding that it is possible that a person may have recognized the paternal or maternal multiplicity, in the civil registry. In the national legal literature, the prevailing understanding that can be co-relatives by another source (socio-affective), the relations established between biological parents, stepfathers, stepmothers and stepchildren, in neewconfigurate families. State Courts of Justice have been manifesting in order to host the multiparentanting in cases of “brasilian adoption mode”, heterologous artificial reproduction and adoption by homosexual couples. In cases where stepparents wish to share parenting with parents and Biologycal mothers, some judgments attach charges to the stepfather or stepmother, such as custody of her stepchildren, as well as the right to food to the child's spouse or partner and It is admitting, on behalf of the principle of solidarity, the right to visits. However, the lack of legal studies and the absence of specific legal treatment of the subject justifies the weigh-quisa. For the development work, we used the deductive method with a qualitative approach, with the techniques, the literature review, legislative and judicial, to es-proaches relations of parenting that are established in newconfigurated families, enabling environment for manifestations of affection and solidarity which go beyond the bonds of consanguininess. The conclusion is that after checking the state of affiliation between stepfathers, stepmothers and stepchildren without distortion of biological parenting we must recognize the multipa-rentalidade and the legal effects resulting therefrom
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    Violação dos direitos da criança: um olhar bioecológico sobre a escola e família
    (Universidade Catolica de Salvador, 2013-02-27) Silva, Maria Elisa Pacheco de Oliveira; Rabinovich, Elaine Pedreira; http://lattes.cnpq.br/1594550972937138; Moreira, Lúcia Vaz de Campos; Santos, Stella Rodrigues dos; Andrade, Celeste Maria Pacheco de; Cruz, Antonio Roberto Seixas da
    From an interdisciplinary approach between the knowledge of Pedagogy, Psychology and Law, and from a theoretical-methodological approach, based on Bioecological Theory of Urie Bronfenbrenner, this thesis, a case study of multiple levels and contexts, designs four articles produced from the insertion into the search field - the South Reconcavo of Bahia - an introduction, describing the objectives of the study and the problem that it is involved, by indicating the theoretical constructs that found it, and also a final reflection on the effectiveness of protective actions for children.It discusses, gradually, how the reciprocal of the interactive processes between the social microsystems, school and family, and exchanged influences with broader social contexts, such as communities, public authorities and institutions, imply the effectiveness of fundamental rights of the child, the age group of Early Childhood Education of the region in which the study took place. The first article, "The effectiveness of the child rights in the South Reconcavo of Bahia: a reading of the social context" features the South Reconcavo from geophysical and socioeconomic views, maps and discusses the protective conditions for facing the violation of child rights. The second article, "Fundamental rights of the child warned by agents of the school and the family," presents a brief history about children rights on the world scenario and, simultaneously, the actions towards its recognition, by emphasizing the principles of the Child and Adolescents Statute (ECA) and the fundamental rights it prescribes. It analyzes in the light of that Statute, the indicators of violation obtained from teachers and family views. The following article, "School as ecological system", discusses the school context from the perspective of Bioecological theory, analyzing the counterpoints of physical, functional and relational aspects that contribute to the existence of episodes, such as those presented, relating to fundamental violated rights. "Family as ecological system" is the study conducted with teachers, children and their families, and also community members, which originated five episodes of violation of child rights, analyzed from the Bioecological approaches and the ECA. It presents a contextual framework of violated rights as the result, due to: the fragility of public policies for the social welfare, the ineffectiveness of the child protection network in the region, and the dislocation between the social systems, including the society, school and family.