Artieda 2011

Still according to authors, in accordance with the form of operation of the Right, the litigant parts can feel themselves instigated to the competition and the litigation, through reinforcements of the proper judiciary system. In such a way, the tending dynamics and conjugal communication to the conflict and the litigation, that already existed exactly before the separation, agree it a logic maniquesta of operation of the Right, that strengthens stereotypes and incites the conflicts between the spouses. This makes with that well-being of the children is in second plain. The children and the adolescents are people in one continuum, devir, meet in a frank process of formation/consolidation of its personality and identity, are, therefore, citizens in peculiar development, as she praises all the normative ones concerning the rights and of the protection of the child and the adolescent. Therefore, she is that Justice, either through the operators of the Right, either through the forensic professionals, must occupy in to guarantee that optimum interest of the child is always in first place. Ahead of this reality, taking itself in consideration that in the cases of guard dispute must be considered ' ' better interest of criana' ' , as well as the possible caused emotional consequncias when the rights of the child are not protected and 12 still taking in account the emotional fragility of the parts in litigation, the interest in carrying through a research next to the operators of the right appeared who act in the family poles, as well as the connoisseurs technician, through the analysis of the speech of them on the guarantees of the beginning of ' ' better interest of criana' ' in cases of guard dispute and the too much implications that this can excite. The identification of these factors will be able to contribute in the planning and adequate handling of professionals to work in favor of what better to take care of to the interest of the child, trying to minimize the damages that a separation can cause for the children and the family as a whole, beyond contributing for magnifying of the works in this specific area of the knowledge. .