Children’s participation in the magistrate’s decision-making

Autores

  • Maria de Fátima Melo
  • Ana Isabel Sani Universidade Fernando Pessoa

Resumo

This is a qualitative study which aims at analyzing the importance magistrates give to the hearings of children and young people involved in lawsuits, as well as the way these influence their decision-making. For this study, an intentional sample of 12 male and female magistrates with experience in Juvenile and Family Courts was gathered, aged between 43 and 62. Data collection was done through interviews, for which a previously tested interview script (semi-structured and semi-directive) was designed. The interviews lasted twenty minutes on average, and were recorded and transcribed for content analysis, after the interviewees' due consent. The results reveal that most magistrates value these hearings, giving emphasis to national and international documents. The subjects of this sample admit that the prevailing criterion for decision-making is the best interest of the child and the latter's perspective on daily experience. Thus, it is ultimately the magistrates' responsibility to make the child's voice be heard and valued.

Palavras-chave:

children, magistrates, hearings, judicial decision - making