The Judiciary Power in working with families: Implementing services in first instance justice
The Brazilian Judiciary Power has been accumulating a series of attributions in guaranteeing the right to family coexistence and strengthening ties in family nuclei. Subjects that for a long time were dealt with only in the Childhood and Youth Courts, after the Federal Constitution of 1988, gain space in the Family Courts, in legal proceedings involving separation, custody, parental alienation and domestic violence. From an exploratory study on the performance of Family Courts (and eventually the Domestic Violence Courts) in demands related to family life, it is intended to observe how the first instance justice itself, when fulfilling its duty to guarantee rights (based on the Statutes, Parental Alienation Law, Maria da Penha Law), it has created actions that go beyond jurisdictional provisions and approach the social protection services usually implemented by the Executive Branch, directly interfering in the delivery of public policies. This is a research, which uses a bibliographical review on Judicial Institutions and Public Policies, with documental analysis and study of a specific experience created in the TJ/SP, the CEVAT. Our hypothesis is that this pattern of interaction between the Judiciary and the Executive has so far not been systematized in the literature, but it reveals a new facet of the relationship between these two Powers in the production of social protection policies.