Os papéis parentais na disputa de guarda: implicações da psicologia na vara da família

Abstract

In Brazil, despite the laws recognizing that men and women have the same rights and duties regarding the guard of the child, the mother is still linked to the figure of caregiver and the father to the provider. One of the reflections of this perception is found in the guard dispute, in which 62.4% of cases are unilateral guard for mothers, according to IBGE data from 2019. Considering this problem, this study objective to investigate the implications of juridical psychology about parental roles in guard disputes in São Luís. For this, bibliographical research was used, in order to understand what the scientific field discusses about the relationship of parental roles with the work of juridical psychology. Subsequently, this research followed as a field study, collecting data through semi-structured interviews via Google Meet with five juridical psychologists, working in the Family Court at the Judge Sarney Costa Forum, in São Luís. Changes in the paternal profile in favor of parental care emerged as a result of the discourse analyses, on the other hand, the consequences of the centrality of the woman in terms of responsibility for care, mental illness, work overload and demands were evidenced about the questions based on a moral discourse favorable to men, about women. In addition, an incompatibility was identified with regard to the rights of children and adolescents with regard to guards, predominantly destined for mothers and in the desirable setting for psychologists, who demonstrated ethical commitment. From the implications pointed out, it is possible to note the importance of gender analysis in the actuation of psychology and how the demands of the guard dispute arise linked to gender inequalities.