LAGO, Vivian de Medeiros et al. Um breve histórico da psicologia jurídica no Brasil e seus campos de atuação. Estud. psicol. (Campinas) [online]. , vol. Reflections about Judicial Psychology and its panorama in Brazil. Psicol. teor. prat. [online]. , vol.6, n.1, pp. ISSN Legal Psychology is a . Princípios teóricos e possibilidades do Rorschach no haakoopmacyding.gq Uploaded by psicologia juridica caracterização da pratica e instrumentos haakoopmacyding.gq
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Livro completo de psicologia jurídica. by roger_bressiani in Types > School Work y psicologia jurídica brandão Download as PDF or read online from Scribd. 13 abr. Download Psicologia juridica-jorge trindade DOWNLOAD PDF - MB Description. Folha de Rosto COLEÇÃO DIREITO E PSICOLOGIA. Psicologia - [Free] Psicologia [PDF] [EPUB] Title: GRE Psychology Test Practice Um breve histórico da psicologia jurídica no Brasil e seus.
Internacional Journal of Forensic Mental Health, 11, Psychopathy is the unified theory of crime. Youth Violence and Juvenile Justice, 7, Structured clinical assessment and management of risk of violent recidivism in mentally disordered offenders Tese de doutoramento, Karolinska Institutet, Stockholm, Sweden. Coimbra: Coimbra Editora.
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Chronic drug use and crime. Substance Abuse, 21, The ego and the id. Strachey Ed. London: Hogarth Press.
Brandão & Gonçalves, 2009 - Psicologia Jurídica No Brasil
Original work published A meta-analysis of the predictors of adult offender recidivism: What works!. Criminology, 34, Orientated by: Nadia de Araujo. Last access: September 13th, V - developing strategies and public policies to improve the implementation of the above mentioned conventions. According to the President of the Permanent Commission, although factors such as the worldwide economic and financial crisis and the growing divorce rates can contribute to such phenomenon, one of the main reasons for the afore mentioned increase could actually be the lack of information available about the rules on the previous legal measures to avoid problems regarding international abduction or retention of children or adolescents Last accessed in September 13th, , p.
Hence, the conclusion of the Permanent Commission is that prevention should become a priority on its agenda. This campaign consists on the development of material virtual folders, booklets and alike focusing on social network media, and the establishment of multi- leveled cooperative network reaching Brazilian government authorities such as diplomatic and consulate agents , entities of civil society such as community leaders and Non-Governmental Organizations and other international institutions dedicated to the protection of Women In fact, the Guide to Good Practice of the Hague Convention of beseeches Contracting States to promote conciliation between interested parties through interdisciplinary mediation committees, whose work should be supervised and advised by the Central Authorities The Central Authority of the State where the child is shall take or cause to be taken all appropriate measures in order to obtain the voluntary return of the child.
It also had a high rate of success on concluding cases through extrajudicial agreements between the abductor and the left behind parent. Actually, in most of cases closed by extrajudicial agreements almost two in each three cases , the child was voluntarily returned to the State of habitual residence, which actually attends the best interest of the child, as defined by the Hague Convention.
Through the encouragement of self-reconciliation between interested parties, not only the voluntary return of the child is more often achievable, but also the reestablishment of institutional dialogue within transnational families. The best or superior interest of children is a value that deserves special attention of several documents on Brazilian legal order such Panorama of Brazilian Law.
Psychological studies on children who have been victims of Parental Alienation Syndrome report that they are more likely to develop psychological disorders such as chronical depression, social phobias, identity and self-image distortions. These patients also might develop traits like desperation, hostile behavior, and tendency for self- isolation. In more extreme cases, these children might become adults tormented by guilty, more susceptive to drug addiction and suicidal 26 Article It is the duty of the family, the society and the State to ensure children and adolescents, with absolute priority, the right to life, health, nourishment, education, leisure, professional training, culture, dignity, respect, freedom and family and community life, as well as to guard them from all forms of negligence, discrimination, exploitation, violence, cruelty and oppression.
In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.
States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child.
The sole paragraph of the afore mentioned article establishes an open list numerus apertus of the typical conducts of Parental Alienation Syndrome, without prejudice of other behaviors noticed by magistrates by themselves or with the help of specialists. On that note, Parental Alienation occurs when one of the parents I — promotes disqualification campaign against the targeted parent; II - hampers the exercise of parental authority; III — raises difficulties on the access of the child by the other parent; IV — creates obstacles to rights of visitation and family life with the other parent; V — deliberately hides relevant informations about the child or teenager such as educational, medical or address changes; VI — presents false accusations against the other parent, grandparents and other relatives in order to jeopardize their relationship with the child or teenager; VII — unilaterally and without justification changes the domicile of the child or teenager in order to prevent access of the left-behind parent, grandparents and other relatives.
In fact, upon the enactment of Federal Law Thus, according to Articles 3 and 5 35 of The Hague Convention, any parent whether having full or shared custody or visitation rights who unilaterally relocates or retains children up to 16 year olds to or in Brazil in infringement the law of their habitual residence is committing an act of Parental Alienation, pursuant to Article 2, Sole Paragraph of Federal Law Pursuant to Article 13, b, authorities of the Contracting States might refuse to enforce the return of the abducted or retained child to the State of habitual residence if: Article 13 Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that — 32 DIAS, Maria Berenice coordenadora.
Eventual relocation on the domicile of the child or adolescent will not affect the original jurisdiction over claims regarding right to family life, unless such change results from parental agreement or judicial order. The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views.
In fact, regular post-convention works held in The Hague have dealt with the interpretation, meaning and scope of this rule. In the Overall Conclusions of the First Special Commission of October on the Operation of The Hague Convention of 25 October , deputies have concluded that in many reported cases of this international treaty, abducting or retaining parents repeatedly invoke the exception of Article 13, b to keep the child in the State of refuge Avaiable at www.
Vol 2, No 2 Operation of the Hague Convention, held in Second 38, Third 39, Fifth 40 have reinstated that to attend the best interest of child, Article 13, b must remain only as an exception.
That is to keep the very meaning of the Convention, which estates that in order to guarantee respect to family and social backgrounds, decisions regarding any custody or visitation rights regarding children and teenagers up to 16 years old should be preferably taken by authorities of the State of their habitual residence.
Contracting States are deeply concerned with allegations of abuse and violent behavior in familiar relationships.
For that matter, the Sixth Special Commission has even suggested the installation of specialized works regarding the uniform interpretation of Article 1. However, there is no logical reason in acknowledging the enforcement of an exceptional clause as a regular rule for international child abduction cases. It should also be pointed that children cannot be accounted for such crucial decisions when they are so deeply and emotionally immersed in the matter, which makes them even more susceptible to emotional abuse It is important to highlight that, although magistrates are not bound to the opinion of experts, they often rely on their professional experience and technical knowledge one assessing these particular subjects Oxford: Oxford University Press, , p.
Private International Law: aspects of child custody and child kidnapping cases. Recueil des Cours, v.
Family Law Quarterly, v. Vol 2, No 2 Brazilian federal judges, upon attesting Parental Alienation behaviors against abducted or retained children in Brazil, might as well enforce available legal tools to protect them, until the issuing of return order.
Characterized abusive change of address, impracticability or obstruction to family life, the court may also reverse the obligation to take or remove the child or adolescent from the residence of each parent throughout alternated periods of time.
Rio de Janeiro: Forense, Thus, the burden of proof falls over claiming parties. In sum, Brazilian Parental Alienation Act of must serve as an important tool in judicial claims of returning abducted children within the scope of The Hague Convention which shall be brought forward federal magistrates, according to Article , I and III of Federal Constitution. In order to illustrate that the link between of The Hague Convention on The Civil Aspects of International Child Abduction and The Parental Alienation Syndrome Act of is actually based on the best interest of the child, it is now important to look at a few selected cases.
Vol 2, No 2 child custody and maintenance obligations are under judicial secrecy. Therefore, all names, and possible identification items were dully removed to preserve legal secrecy. L, who was 5 years old then, was taken from Quebec by his mother, I. The mother later informed to the former companion that she and their son would not return to Canada.
Decision: Realizing the illegal relocation of the child from his place of habitual residence which already configures Parental Alienation behavior the Federal Judge granted the request of the Union, issuing the judicial order to return the boy L.
L to Canada, rejecting the arguments of the abducting parent, on the grounds that mere allegations cannot justify the exceptional clause of Article 13, b of The Hague Convention. The same magistrate also determined the notification of that Sate Courts which have issued orders granting temporary custody rights to the mother.
Published in March 19, However, given extensive proof regarding moral and physical aggression practiced against the mother in the presence of the child, eviction notices due to lack of rental payment, food deprivation to the child, and violent behavior of the father, the Judge concluded that the exceptional clause of Article 13, b was enforceable, thus refusing to issue the order of the return.
Matos, Et. Al. Manual de Psicologia Forense.pdf
In , upon divorce of the couple, a Norwegian court granted joint custody rights to the couple over their oldest child and unilateral custody to the mother over the youngest with visitation rights granted to the father. The decision also ruled that the mother could spend up to one month per year with her children in Brazil, granted that she would inform the father about the dates of departure and arrival with one month of advance.
In July , however, after bringing the children with her to Brazil, the mother reported to the father that they would not return to Norway, thus violating custody rights granted in that country.
The father flew in to Brazil, where the parents discussed the possibility to change family residence to Rio de Janeiro, a trial that only lasted from August through December , period during which they verbally agreed that the father could bring the children back to Norway with him if that attempt failed.
In fact, in December , the Norwegian father flew back to his home country bringing the children along, without permission of the mother, who flew back to Norway in May where she requested revision of custody rights over her children to local courts.
However, on October , she brought her children back with her to Brazil with the help of false passports. They only were in Brazil originally because their mother illegally retained them in the country.
Therefore, Norwegian authorities has jurisdiction over any parental agreement or claims about changing the habitual residence of these children.
Despite the ruling for immediate return of the children to Norway, the mother kept them in the country, by use of judicial methods such as writs of mandamus filed in State Courts of Rio de Janeiro. These decisions, which clearly overlooked the Article 16 of the Hague Convention55, granted custody rights to the mother to keep their children in Brazil until decision by Federal Court of Justice.
The Federal Court of Appeals initially reversed the decision on returning the children by majority of votes, but in the end it revised this ruling to recognize that the father, back in , did not breach custody rights conferred by Norwegian authorities, unlike the mother in , thus deciding that the children should return to Norway.
Notwithstanding, the mother appealed to the ultimate organs of Brazilian Judiciary Power. She also filed for an appeal to the Supreme Court Recurso Extraordinario alleging disrespect of constitutionally granted rights right to family life and best interest of the child.Psychopathy: A clinical construct whose time has come. Fica irritado em ficar na fila restaurante, cinema, etc. Hence, authorities of the requested Contracting State can only refuse return of abducted children to the States of habitual residence under strict circumstance, since it represents exceptional clauses that require substantial proof of physical or psychological harm or risk of harm for the children.
The same magistrate also determined the notification of that Sate Courts which have issued orders granting temporary custody rights to the mother.
Revista de direito do Estado, ,