A tomada de decisão judicial quanto ao exercício da parentalidade em contexto prisional

: estudo de caso

Abstract

This master's dissertation aims to know the criteria inherent to the judicial decision making process that rules by sentencing the entry and maintenance of the child (up to 5 years of age) along with his or her mother, incarcerated in a Prison Establishment. It is a case-study, made through the research and analysis of a judicial process, more specifically a Promotion and Protection Process applied to a specific child. Studies on this particular issue are scarce, and it seems there aren’t any national studies about this type of judicial decision in particular. This decision to deprive the child of his or her right to freedom, which is a last ratio, ruling, will certainly somewhat and to some extent, be conditioning such a child, at least in the sense that it deprives him or her of the possibility of a life in a natural environment and of a chance of development in society, in the traditional sense (outside the prison). Methodologically, is used a qualitative approach, with direct consultation of the judicial process files (including all its annexes). Collecting and gathering the information is the applied technique, through research and analysis of documents and all the elements contained in the files. The collected data, as well as all the evidence elements contained in the files, were subsequently integrated and interpreted with the specific purpose of formulating conclusions, from which it’s highlighted that the criterion that was primarily taken into consideration in the decisions made along the all process, particularly in the one that the court orders and determines the entry and maintenance of the child up to the age of 5, to live with his mother in prison, was the child’s best interest. The court decision fully respected the child's right to have his or her best interests primarily taken into consideration in all decisions concerning or affecting them.

Date of Award	12 Jul 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Catarina Ribeiro (Supervisor)