Abstract

CARDOSO, Fernanda Simplício  and  BRITO, Leila Maria Torraca de. Possible deadlocks Maria da Penha Law parental cohabitation. Estud. pesqui. psicol. [online]. 2015, vol.15, n.2, pp. 529-546. ISSN 1808-4281.

This article aims to discuss the theme parental cohabitation, from the theoretical assumptions of forensic psychology at its interface with the Family Law. The problematic issue is the possible consequences of the law 11.340/2006, known as the Maria da Penha Law, the coexistence of the children with the father, alleged author of aggression. It is based on literature and observations on a psychology service of legal research investigation. From the explanation of the context of the emergence of the Maria da Penha Law in Brazil and the current structure of the judiciary to apply it, we question the consequences of the protection urgency action. Even […] the purpose of preventing the occurrence of new episodes of violence against women, it can interfere with family life, when the father is barred from having contact with the children, by the restraining order from the woman or restriction / suspension of parental visits. It was concluded in this study that even this law is aimed at the protection of women, its effects on family life need to be better investigated, to ensure differentiation between marital and parenting to prevent children suffer losses in their rights to live with both parents.

Keywords : marital; parental cohabitation; Maria da Penha Law.

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