Abstract

ROSA, Edinete Maria  and  TASSARA, Eda Terezinha de Oliveira. Violência contra crianças e discurso jurídico. Temas psicol. [online]. 2003, vol.11, n.1, pp. 46-60. ISSN 1413-389X.

The aim of our research was to investigate the formation of the arguments used by judges at official legal decisions about crimes of ill-treatment against children. We have studied 9 processes at a criminal jurisdiction, between 1995 and 2000. For data analysis we considered the arguments of the judges recorded in the judicial sentences. Data were construed as we identified the senses used by judges in the arguments and conclusions, as suggested by Piaget in relation to signification systems. Results indicated that the legal speech about ill-treatment of children was composed, in those 9 processes, mainly of a fallacy, an idea based on beliefs and values that are in agreement with oppression and power of the fathers. The judgment embedded in the conclusions of the processes review a fragility of the law related to the identification of crimes occurring through the relationship between father and son/daughter.

Keywords : Violence against children; Systems of justice; Juridical discourse.

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