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Prova pericial em Processo Civil : laudos psicológicos e sua contribuição para a eficácia da prestação jurisdicional
| Content Provider | Semantic Scholar |
|---|---|
| Author | Neto, M. Moises De, Manoel Leão |
| Copyright Year | 2010 |
| Abstract | MATOS NETO, M. L. Expert evidence in civil procedure: psychological reports and their contribution to the effectiveness of judicial accountability. 84p. 2010. (Especialização) Instituto CEUB de Pesquisa e Desenvolvimento – ICPD. Centro Universitário de Brasília, Brasília, 2010. The Brazilian Code of Civil Procedure provides in its articles that the judge may turn to other sources of knowledge to subsidize his/her own conviction in making a decision. One of the ressources at his/her disposal are expert evidences, of different hues, and among them the psychological or psychosocial expert reports, a written document resulting from the psychological evaluation, which must comply with certain requirements to be placed in the files. In this scenario, forensic Psychology and forensic psychologists, as well as other professionals such as social workers, have been gaining importance in the legal area, and participate actively with the parties and judges in preparatory procedures that will support decisions. In the search for rendering a better judicial review associated, when possible, with quick proceedings, this paper sought to demonstrate that the drafting of these psychological reports for the Courts of Justice, when done by a multidisciplinary team or a team with an interprofessional composition, as described above, and in constant dialogue with operators of law, can better substantiate decisions that best meet parties’ interests, producing in them a deeper reflection and a sense of responsibility and co-participation in the results of the process. To achieve these objectives, a survey was carried out in Family Courts of the judicial district of Brasília and in Civil Classes of the Court of Justice of the Federal District and TerritoriesTJDFT, where forty lawsuits were analysed, of an initial sample of one hundred and ninety-seven, judged the years 2008, 2009 and 2010, with judgments published, containing expert opinions or psychological reports which resources for Civil Classes of the Court of Justice were presented. Interviews with professionals who draw up the psychosocial expert reports or opinions for the TJDFT and with judges of the family courts of the TJDFT/Brasília, were also conducted. As almost all of the decisions analyzed are in accordance with the reports, we found that the higher the quality of these, the better the quality of rendering judicial review. This paper aims at demonstrating the importance of having a well structured multidisciplinary judicial psychosocial service at the disposal of judges and turned to the interests of society. Alternatively, it is intended that such a service model is adopted in the other courts, since the vast majority of them does not provide a similar service. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://bdjur.stj.jus.br/jspui/bitstream/2011/35512/1/Prova_Pericial_Processo_Manoel_Le%C3%A3o.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
