A transformação do conceito de família no âmbito jurídico

Abstract

The dissertation brings as theme The Family Concept Transformation on Judicial Ambit as marc the constitutional principles inserted on the 1988’ Constitution wich influenced on the adoption of a new judicial hermeneutica to deal with the family questions by including the stable union and family body the one that is composed by one of the parents and than descendants as family, contrasting with what the CCB/1916 had fixed, wich family concept was vinculated with marriage. Analyse fron the preview legislations to the constitutional degree, such as the other knowledge branches’ contribution such as the History, Sociology, Antropology, Philosophy, Psychology to subsidze the juridical interpretation of the social facts related to family, and the form how the interferes on the family configuration designed since the 1988’s Federal Constitution. The way adoted was the logical deductive method’s assistance to the reconstitution of post constitutional family concept that introduce itself as open, plural, finalistic, and dynamic phenomenon contrasting with that one sketched by the old Brazilian Civic Codehich emphasized the patriarcal, hierarchical, patrimonial aspects and had his bases on the matrimony.