Fatores subjacentes à tomada de decisão judicial em processos de regulação das responsabilidades parentais

Abstract

In the past years, the number of divorces in Portugal has increased and, consequently, the number of processes regarding the regulation on parental responsibilities has been intensified (INE, 2009). There is an intrinsic difficulty in judicial decision –making in these cases as they are of voluntary jurisdiction. Therefore, the aim of this study is to understand which factors are related to judicial decision-making in processes regarding the regulation on parental responsibilities, from the magistrates’ perspective.
A mixed methodology has been adopted and the data collected were quantitatively and qualitatively analysed based on a questionnaire developed for the purposes of this work. The sample consists of 32 participants.22 which specialized themselves in the court (judges), and 7 them which didn´t specialize (magistrates).The main results show that the interparental conflict has been considered one of the biggest obstacles to the judicial determination in these cases. From the judges and magistrates’ perception, the most relevant criteria are the provision of basic care and the degree of legal dispute (communication between parents). The data collected have been discussed according to the literature. In future studies, a wider sample and a larger variety of participants as entities also involved in this process are recommended.

Date of Award	11 Feb 2016
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Mariana Negrão (Supervisor)