A lente teórica da reprodução social em estudos sociais nas ações de guarda compartilhada na justiça de família no Brasil

Abstract

Joint custody regulation lawsuits are specifically one of the main demands of Family Court in Brazil. In this type of action, the social study carried out by social workers is required from the judicial professional to support their decision. In this context, the main objective of this research is to propose the category of social reproduction as a necessary theoretical lens for social studies carried out to instruct joint custody lawsuits from the rupture of heterosexual marital relationships, considering that these affect the majority of cases attended by Family Court. The relevance of this research lies in its contributions to the theoretical framework of Social Work in the socio-legal area, the search for strengthening the defense of family and community coexistence rights of children and teenagers with their parental branches and for parental equality between father and mother with their sons and/or daughters. To carry out this research, the theoretical essay was chosen as a methodology due to its interpretative and dialogical nature, which enabled the contents articulation from the field of Law, Psychology, but, mainly, Social Work and the Social Reproduction Theory. It is deduced that the theoretical lens of social reproduction contributes to the social studies carried out for the instruction of joint custody lawsuits to enable the development of the determinants of the social issue in the reality of the subjects of the action, by showing that joint custody is completely crossed by the way in which that reproductive work is organized under capitalism and, based on a critical reading of social reality, makes it possible to build strategies in defense of the rights of children, teenagers, families and, especially, women.