scholarly journals ALIENAÇÃO PARENTAL E A JUSTIÇA BRASILEIRA

2021 ◽  
Vol 9 (208) ◽  
pp. 1-18
Author(s):  
JUSSARA REIS DO NASCIMENTO STEDILE ◽  
Emerson Oliveira de Faria
Keyword(s):  
Civil Liability ◽  
Best Interest ◽  
Parental Alienation ◽  
Guiding Principle ◽  
Educational Institute ◽  
The Family ◽  
The Face

This paper aims to address the importance of the family as an affective, socializing and educational institute, as well as its evolution over the years, including analyzing aspects of family power and custody modalities. It is known that the family is a mirror, a guiding principle so that the child's best interest is in fact served. The family problematization known as parental alienation will be approached in order to expose this matter to society in an enlightening way and to facilitate the identification of the problem, including demonstrating the effects caused by parental alienation and the movements in defense of it. In addition, considerations will be made about Law 12,318 / 10 including the possibility of civil liability in the face of acts arising from the alienating person.

scholarly journals RESPONSABILIDADE CIVIL EM DECORRÊNCIA DE ALIENAÇÃO PARENTAL DE IDOSOS

2020 ◽  
Vol 7 (2) ◽  
pp. 203-225
Author(s):  
Nayana Guimarães Souza de Oliveira Poreli Bueno ◽  
Oacilene Alves Maciel Marques
Keyword(s):  
Children And Adolescents ◽  
Civil Liability ◽  
The Elderly ◽  
Civil Code ◽  
Parental Alienation ◽  
Federal Constitution ◽  
Deductive Method ◽  
The Face ◽  
Research Procedure ◽  
Duty To Protect

A alienação parental de idosos, ou alienação parental inversa, não conta com regramento legislativo específico, embora existam casos de alienação praticada por filhos, cuidadores ou pessoas próximas ao idoso, que geram danos tanto a este, quanto à pessoa alienada do convívio do idoso. O objetivo do trabalho é estudar se o alienador pode ser responsabilizado civilmente pela prática da alienação inversa e em que situações ocorre essa responsabilização. A hipótese é a de que surge a responsabilidade civil do alienador quando se constata a violação do dever de proteção do idoso, com a prática de condutas previstas na Lei nº 12.318/2010, lei esta que, embora regulamente a alienação parental praticada em face de crianças e adolescentes, pode ser aplicada analogicamente no caso de alienação inversa. Para alcançar esse fim, utilizou-se o método dedutivo, partindo de premissas gerais para alcançar uma conclusão específica. O procedimento de pesquisa foi a consulta à legislação, especialmente à Constituição Federal de 1988, ao Código Civil, ao Estatuto do Idoso (Lei nº 10.741/2003) e à Lei de Alienação Parental (Lei nº 12.318/2010), bem como consulta à doutrina e à jurisprudência sobre o tema. Ao final, a hipótese foi confirmada, verificando-se a possibilidade de responsabilização do alienador em casos de alienação inversa, através da fixação de indenização por danos morais causados à pessoa alienada e ao idoso. PALAVRAS-CHAVE: Idoso; Alienação Parental Inversa; Responsabilidade Civil.   ABSTRACT   Parental alienation of the elderly, or inverse parental alienation, does not have specific legislative rules, although there are cases of alienation practiced by children, caregivers or people close to the elderly, which cause damage to both estudothe alienated person and the elderly themselves. The purpose of this research is to study if the alienator can be held civilly responsible for the practice of reverse alienation. The hypothesis is that the alienator's civil liability arises when it occurs the violation of the duty to protect the elderly, with the practice of conduct foressen in Law No. 12.318/2010, which, although regulating parental alienation practiced in the face of children and adolescents, can be applied analogously in the case of reverse alienation. To reach the objective, the deductive method was used, starting from general premises to reach a specific conclusion. The research procedure was to consult the legislation, especially the Federal Constitution of 1988, the Civil Code, the Elderly Statute (Law No. 10.741 / 2003) and the Parental Alienation Law (Law No. 12.318 / 2010), as well as the doctrine and the jurisprudence. In the end, the hypothesis was confirmed, concluding by the alienator’s liability in cases of reverse alienation, by setting compensation for moral damages caused to the alienated person and the elderly.   KEYWORDS: Elderly; Inverse Parental Alienation; Civil Responsability.

Right to Parental Care

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Law Reform ◽  
Best Interest ◽  
Family Courts ◽  
Custody Of Children ◽  
The Family ◽  
Shared Parenting ◽  
The Right ◽  
A Minor ◽  
And Control ◽  
Physical Care

Custody refers to the physical care and control of a minor whereas guardianship is a wider term and includes rights and duties with respect to the care and control of minor’s person and property, and includes the right to make decisions relating to the minor. The present legal regime relating to guardianship and custody of children is discussed, including the Guardians and Wards Act, 1890, the Hindu Minority and Guardianship Act, 1956, the personal and matrimonial laws, and relevant provisions in the Family Courts Act and Protection of Women against Domestic Violence Act, 2005. The emerging concepts of shared parenting, joint custody, and the interparental child removal or abduction of child is included. There is review and analysis of some major reported judicial decisions. A comparative survey of international laws and trends has been done. Suggestions for law reform in the best interest of the child have been given.

Mansfield Park

2008 ◽  
Author(s):  
Jane Austen ◽  
Jane Stabler
Keyword(s):  
The Novel ◽  
Mansfield Park ◽  
Sexual Jealousy ◽  
The Family ◽  
The World ◽  
The Face

‘Me!’ cried Fanny … ‘Indeed you must excuse me. I could not act any thing if you were to give me the world. No, indeed, I cannot act.’ At the age of ten, Fanny Price leaves the poverty of her Portsmouth home to be brought up among the family of her wealthy uncle, Sir Thomas Bertram, in the chilly grandeur of Mansfield Park. There she accepts her lowly status, and gradually falls in love with her cousin Edmund. When the dazzling and sophisticated Henry and Mary Crawford arrive, Fanny watches as her cousins become embroiled in rivalry and sexual jealousy. As the company starts to rehearse a play by way of entertainment, Fanny struggles to retain her independence in the face of the Crawfords’ dangerous attractions; and when Henry turns his attentions to her, the drama really begins… This new edition does full justice to Austen’s complex and subtle story, placing it in its Regency context and elucidating the theatrical background that pervades the novel.

Palaeonema phyticum gen. n., sp. n. (Nematoda: Palaeonematidae fam. n.), a Devonian nematode associated with early land plants

Nematology ◽  
2008 ◽  
Vol 10 (1) ◽  
pp. 9-14 ◽  
Author(s):  
George Poinar Jr ◽  
Hans Kerp ◽  
Hagen Hass
Keyword(s):  
Early Stage ◽  
Land Plant ◽  
Terrestrial Plants ◽  
Early Devonian ◽  
Plant Parasitism ◽  
New Family ◽  
The Earth ◽  
The Family ◽  
The Face ◽  
Early Land

AbstractNematodes are one of the most abundant groups of invertebrates on the face of the earth. Their extremely poor fossil record hinders our ability to assess just when members of this group invaded land and first became associated with plants. This study reports fossil nematodes from the stomatal chambers of the Early Devonian (396 mya) land plant, Aglaophyton major. These nematodes, which are tentatively assigned to the order Enoplia, are described as Palaeonema phyticum gen. n., sp. n. in the new family Palaeonematidae fam. n. Diagnostic characters of the family are: i) cuticular striations; ii) uniform, cylindrical pharynx with the terminal portion only slightly set off from the remainder; and iii) a two-portioned buccal cavity with the upper portion bearing protuberances. The presence of eggs, juveniles and adults in family clusters within the plant tissues provide the earliest evidence of an association between terrestrial plants and animals and may represent an early stage in the evolution of plant parasitism by nematodes.

scholarly journals Educational and Ethical Views of Attar Neishabouri

2016 ◽  
Vol 8 (1) ◽  
pp. 267
Author(s):  
Reza Yazdani
Keyword(s):  
Well Being ◽  
Health Issues ◽  
Mental Images ◽  
Divine Attributes ◽  
Age And Gender ◽  
Stages Of Growth ◽  
Self Confidence ◽  
The Family ◽  
The Face ◽  
And Gender

<p>Attar believes that some health standards and different hygienic methods should be taught to children. Although teaching the methods of healthcare and well-being is among the necessities of life, child’s understanding and intelligence should not be ignored. There is no doubt that religious give great importance to health issues and even emphasize that they should be taught to children. Dealing with appearance causes that their truth-seeking spirit is misled. Accordingly, Sufism recommends people to abandon appearance and deal with the interior. In the stages of growth, child’s mental images are related to sensory issues. He gradually understands lighting, heating and other things that are exposed to his senses and realizes their differences. Formation of mental images and attention to their differences are related to the growth and complexity of the child’s nerves and experience. Affection and kindness to children is desirable. But parents and educators should know that going to extremes in this case is harmful. Attar believes that loving the children excessively causes that he is brought up as a weak and powerless person and loses his self-confidence. So, he shows weakness in the face of problems. But if he is educated with moderation, he will act accordingly. Too much attention to children makes them timid. Treating the children with justice and fairness is one of the Divine attributes. According to Attar, parents should not discriminate between their children and should deal with them justly in all aspects just as you like to be treated with justice in all situations. In many educational books, it is said that the apparent treatment of parents with children may vary according to their age and gender and this is difference rather than discrimination. Attar states that we should act carefully and accurately. These differences should not make parents not act fairly in loving children, but they should justify the children that if they were in such a situation, they would receive the same treatment. Discrimination and injustice in the family, whether tangible or intangible, cause that children feel contempt and become alienated from their family and education.</p>

Developing a Concept for Childhood Survival in Modern Nigeria

1983 ◽  
Vol 26 (1) ◽  
pp. 39-46
Author(s):  
W.J. Kalu
Keyword(s):  
Developing Country ◽  
Equal Opportunity ◽  
Best Interests ◽  
University Campuses ◽  
Guiding Principle ◽  
Nigerian Child ◽  
The Family ◽  
Nigerian University ◽  
To Receive ◽  
Positive Concept

[There are numerous problems facing childhood in contemporary Nigeria. This paper discusses the major features of the problems as they affect the two major institutions for socialisation, the family and the schools. The needs of the modern Nigerian child, especially for his future survival are highlighted. A description is given of the Child ren's Centre project which is now in operation in one of the Nigerian University Campuses. It serves as an interpretation of a new, positive concept of childhood survival necessary to meet the challenges posed on such a level in a developing country.] The child is entitled to receive education which shall be free and com pulsory, at least in the elementary stages. He shall be given an education which will promote his general culture, and enable him on a basis of equal opportunity to develop his abilities, his individual judgement... The best interests of the child shall be the guiding principle of those res ponsible for his education and guidance... The child shall have full opportunity for play and recreation, which should be directed to the same purposes as education....

scholarly journals Family Life for Children in State Care

2020 ◽  
Vol 28 (4) ◽  
pp. 715-747
Author(s):  
Clarie Breen ◽  
Jenny Krutzinna ◽  
Katre Luhamaa ◽  
Marit Skivenes
Keyword(s):  
Family Life ◽  
Foster Parents ◽  
Limited Extent ◽  
Best Interest ◽  
Family Unit ◽  
Theoretical Literature ◽  
Biological Parents ◽  
The Family ◽  
The Status ◽  
The Right

Abstract This paper examines what set of familial circumstances allow for the justifiable interference with the right to respect for family life under Article 8, echr. We analyse all the Courts’ judgments on adoptions from care to find out what the Court means by a “family unit” and the “child´s best interest”. Our analysis show that the status and respect of the child’s de facto family life is changing. This resonates with a view that children do not only have formal rights, but that they are recognised as individuals within the family unit that states and courts must address directly. Family is both biological parents and child relationships, as well between children and foster parents, and to a more limited extent between siblings themselves. The Court’s understanding of family is in line with the theoretical literature, wherein the concept of family reflects the bonds created by personal, caring relationships and activities.

scholarly journals Pertussis in a child of the first month of life from family contact

2021 ◽  
Vol 13 (2) ◽  
pp. 149-153
Author(s):  
O. V. Iozefovich ◽  
S. M. Kharit ◽  
E. I. Bobova ◽  
E. A. Budnikova
Keyword(s):  
Young Children ◽  
Pregnant Women ◽  
Clinical Observation ◽  
Whooping Cough ◽  
Pertussis Infection ◽  
Early Stages ◽  
Parents And Children ◽  
The Family ◽  
The Face ◽  
Family Contact

A case of whooping cough in a moderate form in a child of the first month of life is described in the presented clinical observation. The moderate form was manifested by the duration of the preconvulsive period up to 5 days, the appearance of cyanosis of the face when coughing in the early stages of the disease (1 week), an increase in the number of coughing attacks. The difficulties of treating pertussis in young children are demonstrated by our observation of the course of the disease. There is no vaccination against pertussis in children in the family due to the refusal of parents and children with prolonged coughing were not examined at the outpatient stage. As a result, chemoprophylaxis was not performed on time and the newborn was discharged from the hospital to the center of pertussis infection. The solution to the problem of reducing the incidence in children in the first months of life should be vaccination of pregnant women in the last stages, and vaccination of the environment, including agerelated revaccinations. 

scholarly journals The Stability Paradox: The Two-Parent Paradigm and the Perpetuation of Violence Against Women in Termination of Parental Rights and Custody Cases

2021 ◽  
pp. 311
Author(s):  
Judith Lewis
Keyword(s):  
Violence Against Women ◽  
Partner Violence ◽  
Nuclear Family ◽  
Parental Rights ◽  
Sexual Offense ◽  
Best Interest ◽  
Termination Of Parental Rights ◽  
The Family ◽  
Women And Children ◽  
The Stability

Despite changing family compositions, entrenched in family law is the antiquated idea that a two-parent household, or its approximation vis-à-vis a shared custody arrangement, promotes stability and integrity and, thus, is in the best interest of the child. Yet, the concept that the two-parent household (or shared involvement of both parents in the child’s life if the parents separate) promotes stability for the family and is best for the child is a dangerous fallacy. When rape or intimate partner violence (IPV) is present, or the re-occurrence of violence remains a threat, the family unit is far from stable. This Article explores the legal system’s glorification of the nuclear family, its resistance to shifting away from the two-parent paradigm, and how this resistance creates a stability paradox and perpetuates violence against women and children. The harmful impact that the nuclear family paradigm has on families is further explored by an examination of the statutory constructs and judicial interpretations of termination of parental rights (TPR) and custody statutes in cases where a child is conceived as a result of rape or exposed to ongoing IPV. Cases are utilized to examine how courts have interpreted parental rights statutes where a child is conceived as a result of rape. Additionally, a hypothetical case is discussed to explore arguments that may be advanced in TPR cases where children are exposed to ongoing IPV. The Article finds that although there are inherent problems in enacting statutes to terminate parental rights in cases involving rape or IPV, legislation is also a necessary tool for survivors. Model legislation is proposed for termination of parental rights in cases where a child is conceived as a result of a sexual offense or when a child is exposed to ongoing IPV.

scholarly journals Hegemony and mediations in melodrama of the Golden Age of Mexican cinema

2021 ◽  
Author(s):  
◽  
Dave Evans
Keyword(s):  
Twentieth Century ◽  
Golden Age ◽  
Lower Class ◽  
Best Interest ◽  
Contentious Issue ◽  
Mexican Cinema ◽  
The Family ◽  
Dominant Ideologies ◽  
The Masses ◽  
Revolutionary Period

<p>The influence of the mass media is a contentious issue, especially in regards to the Golden Age of Mexican Cinema in the mid-twentieth century. These melodramatic films have often been viewed by critics as instruments of hegemony. However, melodrama contains an inherent ambivalence, as it not only has a potential for imparting dominant messages but also offers a platform from which to defy and exceed the restraining boundaries imposed by dominant ideologies. An examination of a number of important Golden Age films, especially focussing on their contradictory tensions and their portrayals of modernity, illustrates this. The Nosotros los pobres series serves as an example of how melodramatic elements are incorporated into popular Mexican films and how melodrama could be used as an ideological tool to encourage the state’s goals. Similarly, the maternal melodrama Cuando los hijos se van uses the family to represent the processes of conflict and negotiation that Mexicans experienced as a result of modernization. Consistent with the reactionary nature of melodrama and its simultaneous suggestive potential, the film combines a Catholic worldview with an underlying allegory of moving forward. The issue of progress is also at the centre of a number of films starring iconic actor Pedro Infante, which offer an avenue for exploring what modernisation might mean for male identity in Mexico. His films show a masculinity in transition and how lower-class men could cope with this change. Likewise, the depiction of women in Golden Age film overall supports the stabilising goals of the 1940s Revolutionary government, while also providing some transgressive figures. Therefore, these films helped the Mexican audience process the sudden modernization of the post-Revolutionary period, which was in the state’s best interest; however, the masses were also able to reconfigure the messages of these films and find their own sense of meaning in them.</p>

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