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Article . 2026 . Peer-reviewed
License: CC BY
Data sources: Crossref
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O exercício do poder familiar no contexto de separações conflituosas

Authors: Erik Felipe Gontijo Silva; João Lucas Rodrigues de Melo; Pauliana Maria Dias;

O exercício do poder familiar no contexto de separações conflituosas

Abstract

Transformations in family structures have led to parental authority being understood as a duty of care and comprehensive protection of children, grounded in the 1988 Constitution and the Statute of Children and Adolescents (ECA). In contexts of contentious separations, communication difficulties and disputes between parents can compromise the balanced exercise of these responsibilities, affecting the development of children and adolescents. In this scenario, mechanisms such as mediation and the intervention of the Judiciary are essential to guarantee the best interests of children, although challenges remain in the practical effectiveness of the legislation. The general objective of this work was to analyze the exercise of parental authority in contexts of contentious separations, seeking to identify the main legal, emotional, and social challenges that interfere with the realization of the rights of children and adolescents, as well as to evaluate the legal and extrajudicial mechanisms capable of contributing to the comprehensive protection foreseen in Brazilian legislation. It has been found that instruments such as family mediation, shared custody, and actions guided by the principle of the best interests of the child are capable of mitigating these effects, provided they are accompanied by interdisciplinary support and judicial policies structured for self-resolution.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average