O ESTUDO PSICOSSOCIAL COMO PROVA TÉCNICA: A INFLUÊNCIA NAS VARAS DE FAMÍLIA NO ÂMBITO DO TRIBUNAL DE JUSTIÇA DE MATO GROSSO DO SUL.

Abstract

This study aims to analyze the psychosocial study, a technical evidence commonly used in Family Courts. For this purpose, bibliographic methodology and a qualitative approach were used. The main objective of this research was to analyze the valuation of this instrument in the formation of the judge's conviction. Specific objectives included the jurisprudential analysis of precedents from the Court of Justice of Mato Grosso do Sul. A data search was conducted in the mentioned court to verify the influence of this study, carried out at the first instance level, and whether it is also considered when denying or granting appeal provision. The research also sought to analyze the specificities found in family disputes and how producing evidence in this area is a difficult task. This means of evidence, while considerably recent, is subject to criticism because, in some cases, its absolute valuation can generate legal uncertainty and undermine the principles of adversary proceedings and full defense. This is due to the divergence in classifying it as expert evidence or merely as an auxiliary instrument. Nonetheless, the present research also highlighted the correlation of interdisciplinarity, especially Psychology and Social Work with Law, emphasizing the importance of Social Workers and Psychologists in Family Courts.