A guarda compartilhada e a prática profissional de psicólogos que atuam na área jurídica no estado do Rio Grande do Sul

Abstract

Psychologists entered the Brazilian Judiciary at the end of the 20th century, through work in the criminal area, later in the area of childhood and youth and, finally, in other areas of the justice system, such as the Family Courts. Within this context, joint custody is a theme in the professional practice. In the introduction, the thesis presents the grounds and relevance of the topic, based on a qualitative meta-synthesis article on research into joint custody in the context of Brazilian postgraduate studies. In view of the above, the main aim of the research that led to this PhD thesis was to understand the practice of psychologists in the legal sphere in the state of Rio Grande do Sul regarding joint custody issues. The study was qualitative in nature, epistemologically based on the Complexity Paradigm. Eleven psychologists working in the Judiciary of Rio Grande do Sul took part in the research. Semi-structured interviews were used as the instrument for data collection. The data was analyzed using thematic content analysis. The results were organized into four scientific articles. The aim of the first article was to reflect on the perceptions of legal psychologists in the Rio Grande do Sul Judiciary regarding their practices and daily work. The second article addresses the challenges presented by legal psychologists in using joint custody. The purpose of the third article was to analyze the relevance of interdisciplinary work in the practices of judicial psychologists in Rio Grande do Sul, as well as aspects of intersectorality, its unfoldings and challenges in the work of professionals. Finally, the aim of the fourth article was to analyze and reflect about parenting in the post-divorce context from the applicability of joint custody. The final considerations point out that the work of legal psychologists in Rio Grande do Sul is characterized by being interdisciplinary and essentially expert. In addition, the lack of psychology professionals in Rio Grande do Sul's Judiciary is emphasized, being an aspect that ends up overloading psychologists and making them have to dedicate themselves to the most serious situations, involving vulnerability and social risk. As a result, working with joint custody is not always possible. Even so, the participants were able to highlight some of the challenges and points for attention when it comes to working with joint custody, also demonstrating the importance of this modality for strengthening parental responsibilities after marital separation.