Uma separação não acaba com a família, mas a transforma : a construção social da parceria parental como modelo familiar pós-divórcio.

Abstract

In this work I present the social construction of co-parenting as an ideal model on relationships between divorced parents. Therefore, the Law Projects and the Law itself regarding joint custody from 1977 to 2018 were analyzed; the books of the Divorced Parents Association (APASE) and the Brazilian Institute of Family Law (IBDFAM) bills, from 2002 to 2018, were also analyzed besides the material from the Workshop on Parenting from National Justice Council (CNJ). The category consists of the pair produced by the legal validity of the divorce and refers to the transformation of ex- spouses into partners. The premise of their existence is the distinction between the conjugal and parental relationship, a strategy that describes the behavior of the partners from a psychological language and places them within the ambit of healthy relationships. In addition, the notion of parental equality that permeates the Parental Partnership category is composed by differences between genders which leads to a heteronormative familiar post-divorce arrangement. Furthermore, the Parental Partnership is constituted by the insertion of the paternal in the parenting, described on legal statements in three different ways: a) by the displacement of the supervisor-visitor to the coexistent; b) by the victim father state; c) by the appreciation of paternal affection. The analyzed data provides material to outline and conceptualize what the Parental Partnership is; to reflect upon the actions of the Judicial Power on the making of familiar character and dynamics; to get to know the Psychology agency as an area of knowledge production on the post-divorce framework with an emphasis on the strain coming from joint custody situations. The proposed thesis do not undermine nor favor the parental partnership category, instead they deepen reflections towards the phenomena itself allowing attention to distinctions not so frequently explored until now.