Browsing by Author "Vargas, Hilda Ledoux"
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Item A afetividade como princípio orientador das famílias: dialogando monogamia e poliamor(Universidade Católica do Salvador, 2018-12-20) Knoblauch, Fernanda Daltro Costa; Lima, Isabel Maria Sampaio Oliveira; http://lattes.cnpq.br/9804484885693341; Campinho, Ana Karina Figueira Canguçu; Araújo, Ana Thereza Meirelles; Vargas, Hilda Ledoux; Filho, Rodolfo Mário Veiga PamplonaPlacing affection as a central element in Brazilian Family Law means understanding the possibility of flexibilizing certain dogmas rooted in society in favor of greater freedom for individuals to exercise their autonomy to constitute a family. A study is needed that discusses the growing importance of affectivity in the Law of the Families with the still outstanding position occupied by the monogamy in the juridical order. The objective is to find possibilities of conciliation in coexistence in the same society, of monogamy and of the practice of responsible non-monogamy, through polyactivity, through the use of affectivity as guiding vector. The methodology for the development of this dissertation is qualitative in nature; In this way, the following research seeks to interpret the importance of affectivity as a constitutional principle regarding the recognition of family entities founded on the exercise of responsible non-monogamy, such as polyactivity. The research procedure applies the legal-prospective typology, exploring premises and conditions related to the subject, in order to verify the reality that permeates the option for the coexistence in poliafetividade in Brazil. When analyzing the legal status of monogamy in the Brazilian legal system after the Federal Constitution of 1988, it was concluded that it cannot be attributed to nature of principle and should be understood as a characteristic of long duration, without the condition of making legal recognition impossible of non-monogamous relations. On the other hand, when investigating the apprehension of the affectivity in Brazil, it was concluded that it has a juridical nature of implicit constitutional principle, being denominated, more specifically, of principle of objective juridical affectivity. As far as poliafetividade is concerned, it is concluded that it does not deny the existence of a monogamous dogma, majority, but that presents itself as a possibility of alternative choice, based on the exercise of the private autonomy of constituting a family; being able to state intervention in the extension of family rights, but not of restricting the possibilities of organization. The mark of Family Law must be affection and inclusion, not prejudice and regression. In times of the rise of conservatism, one cannot keep silent or escape the struggle for the rights of the least protected, and it is not acceptable that the State does not recognize the reality of families that do not conform to the monogamous standard, denying them basic family rights.Item Aspectos sucessórios decorrentes da filiação socioafetiva(Universidade Catolica de Salvador, 2017-08-17) Mendes, Josewal Menezes; Barbosa, Camilo de Lelis Colani; http://lattes.cnpq.br/9804484885693341; Vargas, Hilda Ledoux; Moreira, Lúcia Vaz de CamposThe present work makes a comparative analysis between the married family of the Civil Code of 1916 and the “new family entities”. It aims to present the family incorporated under the term of the civil Code of 1916, with its concepts, criteria and determining factors for its characterization and establishing parallel with current family, demonstrating the transformations of this family, which in our times is plural and multifaceted. The method used was the analysis of the legislation, review of literature with documentary, as well as jurisprudential decisions. The main results were determined by the significant transformation of the concept of family under the aegis of the Civil Code of 1916 and the Civil Code of 2002 to the present day. It is concluded that, over time and the evolution of legislation, the family has raised a threshold not previously imagined, with possibilities to extend even more its restricted and limited concept to an open concept, with a primary focus on the principle of dignity of the human person, inscribed in the Federal Constitution of 1988.Item Direitos reprodutivos, reprodução medicamente assistida e a maternidade como uma escolha reflexiva(Universidade Católica do Salvador, 2019-02-01) Rodrigues, Poliana de Sousa; Cavalcanti, Vanessa Ribeiro Simon; http://lattes.cnpq.br; Xavier, João Proença; http://lattes.cnpq.br; Vargas, Hilda Ledoux; http://lattes.cnpq.br; Santos, Simone Ganem; http://lattes.cnpq.brThe present work aims to analyze how the use of medically assisted reproductive technologies contributes to the reflexive choice of motherhood without conjugality, in the perspective of reproductive rights. In order to do so, the general objective was to analyze the historical process of elaboration of reproductive rights and the contribution of the feminist movement to the affirmation of the right to the body and to filiation, and its inclusion in the catalog of human rights. It was sought in the field of bioethics and bio-law, to describe the ethical, legal and social repercussions raised by the theme, traversing the history of present time and interdisciplinary approaches required by the delimitation of the object problem. Regulatory aspects of medically assisted reproduction were mapped in Brazil, as well as the law-project on the subject that is in process. As a methodological choice, a qualitative approach was used in an interdisciplinary perspective. The dialogue of knowledge (rights, social sciences and feminist theories) becomes the theoretical basis of this study. Techniques and inves-tigation procedures of this nature indicated the analysis of official documents, histori-ographical and legislative revision, as well as interviews with women who opted for reflexive motherhood and the use of medically assisted reproduction. Approved by CEP / UCSAL / 2018 CAAE (03119118.2.0000.5628), a descriptive and historical analysis consolidated the course of writing production. As a result, one can point out the lack of state investment (both from the legislative point of view, institutions and regulatory agendas) and the growing dominance of the private sector (specialized clinics). Categories were extracted after interviews in depth and using "snowball" to approach, indicating the following central axes: motivation / reflexivity, economic and decision factors, reflexive choice of motherhood, planned single parent family, difficulties and daily scenes, reproduction medically assisted as a reproductive method and access to clinics in the reality of Salvador. Information and analysis were presented as results of the empirical research, bringing contributions about social and family dynamics that were built in the last decades. Finally, single-parenting planned through conceptual techniques and their economic and social developments were approached through the trajectories of women who performed the procedure and configuration of family groups with shades and relationships of a changing field requiring legal, regulatory and social mark differentiated and adapted to the dynamics already lived.Item 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 ColaniThis 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 therefromItem Me chame pelo meu nome: o nome civil e o direito à identidade(Universidade Católica do Salvador, 2021-03-23) Rocha, Samara Borges Fernandes; Lorenzo, Deivid Carvalho; http://lattes.cnpq.br/; Vargas, Hilda Ledoux; http://lattes.cnpq.br/; Carrera, Gilca Oliveira; http://lattes.cnpq.br/The legal name represents the instrument used to designate and individualize people, whether considered alone or in connection with the family to which they belong. Through the evolution of the concept of State, the legal name came to be regulated, shaping its constitution, origin, maintenance, as well as, in some exceptional circumstances, ways of changing it. This research seeks to discuss the name’s immutability in the circumstance of subjective non-identification to the first name given by the family. To this end, it sought to identify national law that regulates the legal name and the possibilities for its changing; relate interdisciplinary aspects that involve the right to a name and the right to identity; observe circumstances that generate subjective non-identification through case studies. A literature review was carried out on legal aspects of the legal name and the right to identity, and an exploratory, qualitative study of semi-structured interviews with people who demonstrated dissatisfaction with their given name and with officers from Civil Law of Natural Persons Registries in the exercise of their activity. The results revealed the understanding of the name as a sign of human individuality, as well as its public aspect before the State, as the state entity set limits and rules for its exercise; the importance of knowledge of the law regarding the possibilities of changing the given name; the limits established by law for judicial change; the given name change in the registry office, and the position of the registry officers who defended the provision of more options for the extrajudicial change. Moreover, the research demonstrated the pursuit for the construction of identity through processes of changing the given name and factors that hindered the subjective identification of the interviewees to the names given to them. Among these factors, there are parents disagreeing about the name chosen at the time of registration, difficulty with the spelling of the names chosen, and late registrations giving different names to what had previously been indicated. And finally, the path of provocation to the State to manifest itself on issues related to the name of the natural person, primarily guided by the right to the personal identity of each individual, in order to guarantee the prerogative of adequacy of the name to the identity of the subject of right. This work contributed to a greater understanding of the legal name in addition to its legal aspects and the path taken by the human being to identify himself with the given name, which allowed an analysis of contemporary themes, such as the right to identity, human dignity, personality rights, and family contexts.Item Multiparentalidade nas famílias neoconfiguaradas: uma abordagem interdisciplinar(Universidade Católica do Salvador, 2015-10) Vargas, Hilda Ledoux; UCSAL, Universidade Católica do SalvadorItem A outra família: um olhar interdisciplinar para a conjugalidade simultânea(Universidade Católica do Salvador, 2020-04-15) Lapa, Emanuela Pompa; Costa, Lívia Alessandra Fialho da; http://lattes.cnpq.br/; Vargas, Hilda Ledoux; http://lattes.cnpq.br/; Santos, Edilton Meireles de Oliveira; http://lattes.cnpq.br/This dissertation deals with simultaneous conjugality, also known in the doctrine as parallel unions, that is, when the spouse (in the marriage) or partner (in the stable union) maintains, in addition to the family constituted within the law, another family. To speak of this type of arrangement is to look at the diversity of functioning of family behaviors in contemporary times and, at the same time, to analyze the Brazilian normative structure, since there is no express legal provision for the protection of concrete cases, which reach the courts, from all over the world. country, seeking legal effectiveness and rights. In the same vein, interviewing women who lived in these relationships is to pay attention to personal issues, feelings, life experiences. Based on these observations, the general objective of this work is to analyze simultaneous conjugal unions under a social, legal and interpersonal relationships context. The theme is presented in a multidisciplinary way, requiring a qualitative approach to format an exploratory and descriptive research, using contemporary legal bibliographies, jurisprudence, legislation, opinions of jurists, periodicals, magazine articles and casuistry, but with relevant forays into bibliographies in other areas of the social sciences such as sociology, anthropology and psychology. The research is supported by a qualitative approach, following a case study model. The study is presented in the form of three articles. The first article will bring a social approach on the theme, initially presenting the theoretical bases about the formation of the family throughout the history of civilization, and, afterwards, it will encourage the debate on monogamous and polygamous models, in particular, on the existence or not of a unique and ideal model for love relationships, presenting, at the end, a portrait of polygamy and family simultaneity in Brazil and in the world. The second article proposes to analyze the legal aspects of conjugal simultaneity in the Brazilian system. The third article focuses on the experience of two women, over the age of 18, who lived a lasting marital relationship, understood here for more than 05 years, with men who lived simultaneously in a different nucleus while they were with them, and who had children with these interviewed women, identified from indication (snowball method). Questionnaires were applied to the interviewees, using a semi- structured script, applied in the form of an interview. The experiences of these subjects of these legal relations were analyzed, in this case, the woman, seeking to understand how these women, belonging to simultaneous families, perceive their condition and lived this experience. It was possible to verify the existence of practical cases of parallel unions, lived as simultaneous families, where women went through this experience with love, pain, strength, courage and dignity. It was also noticed the need for legal protection for the subjects of this relationship.Item Reflexos jurídicos da multiparentalidade na filiação(Universidade Católica do Salvador, 2018-08-24) Lopes, Liliane Nunes Mendes; Santos, Edilton Meireles de Oliveira; http://lattes.cnpq.br/6602550613140098; Vargas, Hilda Ledoux; Barbosa, Camilo de Lelis ColaniThe family experiences new formations, based on the bond created by affectivity between individuals in the most diverse family arrangements, requiring a new non-reductionist interpretive production within Civil Law. Parenting can’t be understood only by blood ties, as it pervades more subjective issues such as affection and solidarity. In the conflict between biological and socio-affective parenting we have sought a more dignified solution for the human person, that is, the coexistence of both: multiparentality. The objective of this work is to identify the phenomenon of multiparentality in Brazil, seeking to understand its legal repercussions in membership, with a temporal and normative focus from the Federal Constitution of 1988 until the present day. Methodologically, a qualitative approach was used, based on bibliographic review and normative, jurisprudential and principiological analysis of federal and constitutional legislation on the subject. We analyzed the emblematic decision of the Federal Supreme Court that generated the jurisprudential recognition of multiparentality and its reflexes through General Repercussion 622, enshrining the principle of affectivity, socio-affective parenting and the inexistence of hierarchy among the species of parenthood. The legal consequences of this recognition in the name, custody, right to visits, food, pension rights and succession of the child were also analyzed. In the research, it was demonstrated the principiological basis for the recognition of multiparentality, based on the 1988 Constitution, focusing on paternal / maternal / filial relations, especially on the explicit constitutional principles of dignity, equality among children, solidarity, pluralism of family entities, family freedom and the implicit principles of affectivity, free development of personality, social function of the family and socio-affective reality, so important for Contemporary Family Law; as well as the need to recognize all juridical reflexes related to membership, when it is in the best interest of the descendant.Item Trajetórias de pessoas usuárias de drogas: narrativas, contextos relacionais e (re) significações em Comunidades Terapêuticas(Universidade Católica do Salvador, 2018-02-05) Gimba, Marcelo de Freitas; Dias, Maria Isabel Correia; Cavalcanti, Vanessa Ribeiro Simon; http://lattes.cnpq.br/6538283866214716; Vargas, Hilda Ledoux; Santos, Simone Ganem; Petrini, Giancarlo; Silva, Antonio Carlos daInserted in the research line Family in the Social Sciences, this doctoral research deals with narratives of trajectories of people using drugs institutionalized in Therapeutic Communities in Brazil and Portugal. The historical-geographical cut is shaded by the years 2014 to 2017, with residents in the State of Bahia-BR and in the city of Porto-PT. It was observed, through a qualitative approach based on in-depth interviews, that vulnerabilities can be aggravated by drug use, interfering significantly in family, social and life projects. This put, this doctoral thesis aims to describe and analyze the history of life referring to a group of people who consumed crack and other drugs until joining Therapeutic Communities (CTs). It was elaborated through a bibliographical review and field research in five Therapeutic Communities. The interviews were: three professionals from the Government of the State of Bahia from the areas of Human Rights and drugs, six professionals from the Therapeutic Communities (Social Assistants, Psychologists, and Monitor (a)) and eleven people interned among the five Therapeutic Communities. Grounded Theory (Data Based Theory) was used as research methodology and three types of interviews were used as a collection tool: one for the professionals of the State of Bahia; one for the professionals of the Therapeutic Communities and another for the interns. Specifically constructed for this research, with scope to analyze: the beginning of use of psychoactive substances, process of access and acquisition of drugs, violence suffered and practiced, public policies on drugs developed in Brazil and experiences in Therapeutic Communities and relational contexts . The main results reveal that: the beginning of the use of psychoactive substances is influenced by groups of friends / people of intimacy, arousing curiosity; that the greatest violence (physical and psychological) and practices of crimes occur in the search for psychoactive substances; people are more susceptible to sexually transmitted infections (STIs / AIDS) because their bodies have become a "bargaining chip" and neglect security measures (eg, use of condoms); women are subject to unwanted or unplanned pregnancies; the need for adequacy of public policies on drugs and the Therapeutic Communities. In spite of the criticisms, they are important equipment, for the Governments (Brazil and Portugal) like policies of facing the dependence of the drugs.