An assessment of the child as an objectified subject in the judicial process
International Journal of Development Research
An assessment of the child as an objectified subject in the judicial process
Received 09th April, 2021; Received in revised form 06th May, 2021; Accepted 03rd June, 2021; Published online 25th July, 2021
Copyright © 2021, Especialista Leydiane Maria Oliveira Nunes et al. This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
More than three decades after the enactment of guaranteeing children's rights, it is remarkable that the distance between what is said, especially based on the law, and what is done, by the Brazilian State, may jeopardize the effectiveness of guaranteeing their rights. Analyzing the content of these laws, there is an expectation concerning the hearing of children, however, their voices remain silent, so that despite the change of terms and names, the old ideological and distinctive practices continue, following a historical and dialectical process of inclusion-exclusion. In this qualitative study, based on the theoretical assumptions of the Socio-Historical Psychology of Vygotsky, bibliographical and empirical research was carried out. The analysis of semi-structured interviews with legal professionals who work with lawsuits involving children, showed an objectification of the children and the distance between the positivation and the effective fulfillment of the children’s rights.
