Despite the balance between the number of divorce cases in Brazil and the number of consent processes, a total of 230,000 lawsuits show that children are more likely to be involved in conflicts between their parents.
The findings come from a study, “Child Protection on the Extinction of Marital Society,” part of the “National Early Childhood Diagnosis” produced by the National Council of Justice in partnership with the United Nations Development Program on Thursday. 28/4), during the National Contract for Early Childhood Seminars.
The data were detailed by CNJ researchers Alyssa Sardao Colares and Danielle dos Santos Quiros, a panel headed by Angela Gandra, national secretary of the Ministry of Women, Family and Human Rights, and general coordinator of family support services. Helloisa Egas.
The researchers’ assessment, which began research on the basis of 2.5 million divorce cases across the country between 2015 and 2021, requires the attention of information justice actors to keep cases involved. Children, they are protected from the conflict to which they are inadvertently exposed. The works have been taken from the National Database (DataJud) of the Judiciary.
Within the confines of the survey universe, processes were selected with issues indicating the class of marital society / stable marriage extinction and the presence of children, such as custody, adjustment of maintenance provisions, investigation of paternity, parental separation.
According to Alyssa Colares, the study found that 41.6% of all cases involved child support fixing, 25% child custody and 11.7% paternity investigation. 11.6% of cases of visit control and 0.3% related to parental isolation.
In the process of divorce. 1.15 million controversial separations were found, equivalent to 46.9% of the total. Total 1.2 million (49.2%) by consensus. The unclassified divorces were 99 thousand (3.9%) and 2.5 thousand (1%) referred to as termination of common-law marriage.
According to CNJ researchers, the resolution of a high number of cases already creates a pertinent problem of conflict between the adults involved, a problem that becomes more relevant and serious when children and / or adolescents are involved.
“We notice that litigation creates other demands for the judiciary at a much higher percentage than consensual separation actions,” Elisa Colares highlighted. In cases where parental separation was the issue, there were 331.9% more cases than in the consent process.
Considering the same comparison, the incidence of juvenile search and detention is 318% higher. Paternity investigations increased 93.2%, as did Visitation Regulation, 59.9% and Food Fixation, 54.8%.
When analyzing family courts, researchers concluded that increasingly competent and exclusive competency courts present a different pattern in the definition of the type of guard, making it more common to adopt a split court approach in specialized courts.
The study also included an online questionnaire application targeting 1,700 judicial units registered in the CNJ Monthly Productivity Module as a family qualification. Of these, 567 (31.6%) answered the questions and among them, 477 (84.1%) with increasing efficiency units and 90 (15.6%) with exclusive skills.
Elisa Colares observed that in cases involving children between the ages of 0 and 6, with exclusive competence in court, 48.3% indicated that shared custody was a predominance and 39.3% indicated unilateral custody predominance.
In the growing jurisdiction, shared custody falls to 27.7% and unilateral custody reaches 61.7%. Another finding in the study relates to unilateral custody cases, which account for 81.3% of cases in increasingly jurisdictional courts and 66% of cases in exclusive jurisdiction.
The data also show that 70% of cases are filed in exclusive courts, sometimes or rarely, with allegations of parental separation. Another 14.6% responded that such complaints are frequent. In the growing capacity court, this percentage increased to 85%.
According to researcher Danielle Quiros, in the questions sent to the court, we tried to identify the existence of certain specificities in the processing of cases involving children between the ages of 0 and 6 years. “The purpose was to observe the potential implications of the legal framework for early childhood in procedural management and we found that courts with increasing efficiency have become more specific, especially in managing processes.”
According to him, the same thing happens with data filling in the system, revealing that while these courts deal with a variety of other issues at the same time, they differ more in family processes than in monopoly courts.
When evaluating the use of alternative methods for resolving conflicts such as arbitration and conciliation, 57.9% of courts of growing jurisdiction report that they always, or often, use resources. While answering the same question, the rate of courts of exclusive jurisdiction is higher, reaching 71.1%.
“We have noticed that settlement is the most widely used alternative to family court. The custody and maintenance of the child is the most recurring issue at this hearing in both the monopoly and the growing court. “
For Angela Gandra, the study reveals that CNJ is not limited to just collecting technical information and legal data. “We understand that there is a deeper perspective that people see, often inserted into a very subtle reality.”
The national secretary of the family announced that he was impressed with the research opportunities, which were impressive and allowed to realize the human dimension of the problem. “We have noticed that CNJ is about solving problems, especially about children. I also see investment in compromise and mediation as fundamental, which provides maturity to the dialogue and can reduce the impact on the child. “
For Hellosa Egas, the diagnosis identifies major barriers and which partners can work to overcome these challenges. “This is a job that cannot be left to a single institution or a single public policy,” he highlighted. According to him, the study makes visuals and helps identify children in infancy and helps to identify adolescents in processes that also affect separation goals.
In her speech, Justice Prosecutor Vivienne Alves highlighted that the data scientifically demonstrates the moral and humanitarian dimensions required to conduct work and policy involving children, especially in childhood.
TJ-MA advisor Bruna Barbieri assesses that the survey will inspire everyone to look for answers. “When we talk about protection missions, we need to know that the more we respond as manpower, the more we, as an institution of the judiciary, can provide more protection for childhood.” With information from the CNJ press office.