DOMESTIC VIOLENCE AGAINST WOMEN AND THE RIGHT TO FAMILY LIFE WITH THE EXTENDED FAMILY:

A question of Law or lack of information

Abstract

This article aims to analyze the right of coexistence of the paternal extended family, after the occurrence of crimes against women, typified in the Maria da Penha Law. There is no denying the legal advance brought by legislation in the protection of women. However, despite the legal system ensuring the broad coexistence of children and adolescents with the family, what is observed is an extension, even if veiled, of the "guilt" and consequently, of the restriction of coexistence of the paternal extended family, as if they were accomplices of the crime. Recently, Law 14,340 of May 18, 2022 was approved, which amends the provisions expressed in the Statute of the Child and Adolescent and the Parental Alienation Law, guaranteed in addition to a better technical analysis of the impacts of the child's family life with parents and the extended family, while also ensuring its occurrence, even if assisted. It should be noted that, although the legislation provides for the right to coexistence, the devices are vague allowing the broad interpretation of jurists, who sometimes imbued with personal convictions, end up restricting the right of family coexistence, especially of the paternal extended family. Thus, due to the absence of explicit regulation or general disinformation, what is observed is the gradual occurrence of the break of the child's ties with the paternal extended family.