Vulnerabilities and complexities: the (in)effectiveness of children's rights in the family in litigation

Abstract

The research follows the paths of bibliographic investigation in the scope of the doctrine and jurisprudence of Brazilian Law, in the search for evidence that demonstrates the (in)effectiveness of the Rights of the child in the family in dispute. The investigation is based on the complexity of family relationships and the search for effectiveness in the best interest of the minor, in order to guarantee the realization of their rights in the face of family litigation. It starts with the hypothesis that family human relationships are of a complex nature, covering several dimensions of interests and rights that, although integrated and complementary, manifest themselves as opposable when in a situation of litigation, so that the child becomes even more vulnerable when it occurs family litigation. In this sense, the research aims to find, in Brazilian jurisprudence and doctrine, elements that show the (in)effectiveness of the rights of children in vulnerable situations, accentuated by family disputes due to custody and maintenance disputes. The analysis considers not only the situation of vulnerability of the child, but part of the idea of ​​the complexity of family relationships in the light of Complexity Theory.