Posicionamentos de advogados atuantes em processos de dissolução do vínculo conjugal que envolvem disputas de guarda

Abstract

The dissolution of conjugal bonds brings various changes to the family structure, especially regarding child custody. Studies show that parental conflicts have a more negative impact on children than the separation itself. Litigious marital breakups often lead to various forms of violence, placing children at the center of disputes. Frequently, the parties view the judicial system as the only solution to the conflict, at which point the lawyer becomes crucial, guiding clients on their rights and responsibilities and significantly influencing the dynamics of family conflicts. Success for lawyers in family law cases must go beyond legal victories, focusing on solutions that genuinely meet the interests of the parties involved. Research indicates a lack of comprehensive studies on lawyers’ stances in cases of dissolution of conjugal bonds involving child custody disputes. This study, grounded in social constructionism, which aims to understand how social constructs shape legal practices, seeks to comprehend the positions, challenges, and motivations of lawyers in these situations. This qualitative, descriptive, and exploratory research utilized semi-structured interviews with 13 family law attorneys to achieve its objectives. Initially, the study aimed to understand the motivations driving lawyers to work in family law. Additionally, it sought to describe the lawyers' stances, both at the start of the client relationship and throughout the case, and to analyze the challenges these professionals face, particularly the practical, emotional, and systemic difficulties that impact case management. Content analysis was used to analyze the data, based on categories defined from the literature and specific objectives. These categories included personal and professional motivations, the positions adopted (conciliatory, combative, pragmatic), and challenges in practice (system delays, emotional preparedness, litigation culture, among others). The analysis of the results revealed that lawyers' motivations range from personal commitments to financial incentives, directly influencing their practices. It was also found that lawyers alternate between conciliatory and combative stances, adapting to client demands and family contexts. Finally, systemic and emotional challenges highlight the need for more humanized and interdisciplinary training for these professionals.