Browsing by Author "Barbosa, Camilo de Lelis Colani"

Now showing 1 - 20 of 36
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    Análise da lei de alimentos gravídicos
    (Universidade Católica do Salvador, 2020-06-15) Lopes, Fernanda Carolina Cerqueira; Barbosa, Camilo de Lelis Colani; http://lattes.cnpq.br/; Abreu, Nícia Nogueira Diógenes Santos de; http://lattes.cnpq.br/
    The regulation of the unborn child support occured after the enactment of the law n.o 11.804/2008. The issue of child support has always been vastly discussed, especially when it is related to the rights of unborn children. The referred legal institut was therefore essential to support those rights. In this context, it is possible to identify the inconsistencies of this law. Certain discussions are still in vogue in this doctriary and jurisprudencial area, such as paternity evidences, active and passive legitimation, the inicial terme, the (non)retroactivity of unborn child support facing non concession and posterior proof of paternity, the (im)possibility of demanding compensation for material and/or moral damage concerning the “non-father”. It is linked thus to the fundamental rights and fundamental principles within the national legal core, such as human dignity, the right to life, the best interest of a child, responsible fatherhood, family solidarity and the legal position of unborn children.
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    A análise da paternidade biológica e da paternidade socioafetiva em face ao direito das sucessões: um breve estudo do caso HSTERN
    (Universidade Católica do Salvador, 2020-06-15) Fraga, Rafael Dube; Barbosa, Camilo de Lelis Colani; http://lattes.cnpq.br/; Abreu, Nícia Nogueira Diógenes Santos de; http://lattes.cnpq.br/
    The discussion about the prevalence between socio-affective paternity or biological paternity has gained space, in the last years, in the spheres of the highest echelon of Brazilian Law, the Superior Court of Justice and the Supreme Federal Court. One of the most famous cases in which this discussion is at the heart of the process is the case of H Stern. Thus, the present study aims to discuss the species of paternity, approaching the particularities of the factual case, and, finally, aims to explore a little of what Brazilian doctrine and jurisprudence understand in relation to the effects of the recognition of paternity in Family Law and Law of Successions.
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    Aspectos atuais da alienação parental
    (Universidade Católica do Salvador, 2018-02-20) Garcia, Alerrandro Vilalva; Barbosa, Camilo de Lelis Colani; http://lattes.cnpq.br/9804484885693341; Resedá, Emílio Salomão Pinto; Cavalcanti, Vanessa Ribeiro Simon
    Generally, the termination of marital relations is accompanied by crises and disputes, which end up feeding negative feelings towards the ex-consort. This will make impossible the peaceful coexistence of the ex-consort, who have a common link that will endure throughout their lives: their children. These will be achieved by the arguments and disagreements of their parents, albeit indirectly involuntary. The clash may end up in the attempt to destroy and demoralize the other spouse and the couple's own minor children will be used as an instrument of revenge, thus forming a framework of parental alienation (PA). This phenomenon occurs essentially in the subjective sphere and in the psyche of those involved, which forces the Right science.to resort to the help of other branches of knowledge, such as psychology and psychiatry. Richard Gardner, who was issuing expert reports, in juvenile court litigation in the US was the first to conceptualize the PA in the scope of the Law, although there are criticisms about his research. Before 2010, the Judiciary only had the Magna Carta and Law 8.069 / 90 to combat alienation. Law 12.318 / 10 was the first legal instrument that specifically dealt with the matter, representing a great help for the magistrates in their crusade against the PA, in order to safeguard the physical and mental integrity of the minors. This work will make a study on parental alienation; constitutional principles violated by the PA; current law and law projects in process about the PA, and the need for new rules to eradicate PA
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    Aspectos sociais dos programas de renda mínima nas famílias do Condomínio Residencial Leandrinho
    (Universidade Catolica de Salvador, 2018-09-03) Lopes, Jane Sara Freitas; Sá, Kátia Nunes; http://lattes.cnpq.br/4313045041004715; Maia, Helena Maria Silveira Fraga; Barbosa, Camilo de Lelis Colani
    The family in the centrality of social policies and programs results in an articulation with the State that needs to specify which requirements will determine who is entitled to public assistance. Studies of the relationship between families and social programs have pointed to their inclusion as a resource in overcoming the condition of exclusion and misery, based on actions that guarantee basic needs, yet do not articulate family organizations with their specifics within their daily lives. This work has as it’s goal to investigate the social and health conditions of the families of the Residencial Leandrinho Condominium referenced in the access to the programs of habitation and minimum income, the consumption and the use of medication as determinant factors of social protection. From a quantitative exploratory approach, the field survey was developed in 121 residential unities located in the city of Dias Dávila in Bahia, from February to May of 2017, through a face to face colection of information. Residential household groups and the access of goods and services were identified by verifying which basic needs were met. It is evidenced that the quoted programs when based on an intersectoral policy and combined by using the database of CadÚnico, brought favorable results to the inclusion of the family plurality and made possible the access to habitation, sanitation, goods and controled medications leading to reduction of vulnerability and relative social protection.
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    Aspectos sucessórios decorrentes da filiação socioafetiva
    (Universidade Catolica de Salvador, 2017-08-17) Mendes, Josewal Menezes; Barbosa, Camilo de Lelis Colani; http://lattes.cnpq.br/9804484885693341; Vargas, Hilda Ledoux; Moreira, Lúcia Vaz de Campos
    The present work makes a comparative analysis between the married family of the Civil Code of 1916 and the “new family entities”. It aims to present the family incorporated under the term of the civil Code of 1916, with its concepts, criteria and determining factors for its characterization and establishing parallel with current family, demonstrating the transformations of this family, which in our times is plural and multifaceted. The method used was the analysis of the legislation, review of literature with documentary, as well as jurisprudential decisions. The main results were determined by the significant transformation of the concept of family under the aegis of the Civil Code of 1916 and the Civil Code of 2002 to the present day. It is concluded that, over time and the evolution of legislation, the family has raised a threshold not previously imagined, with possibilities to extend even more its restricted and limited concept to an open concept, with a primary focus on the principle of dignity of the human person, inscribed in the Federal Constitution of 1988.
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    Casamento homoafetivo: a construção contramajoritária do conceito jurídico e sua ausência legal
    (Universidade Católica do Salvador, 2021-07-18) Checcucci, Leandro Carvalho Silva; Barbosa, Camilo de Lelis Colani; http://lattes.cnpq.br/; Abreu, Nícia Nogueira Diógenes Santos de; http://lattes.cnpq.br/
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    Casamento, união homoafetiva e deveres matrimoniais
    (Universidade Católica do Salvador, 2019-01-24) Almeida, Juliana dos Santos; Barbosa, Camilo de Lelis Colani; http://lattes.cnpq.br; Barbosa, Camilo de Lelis Colani; http://lattes.cnpq.br; Abreu, Nícia Nogueira Diógenes Santos de; http://lattes.cnpq.br
    Homosexuality is a fact of life, competing with the state and the law in a democratic society to ensure the development of the personality of all individuals. The purpose of this study is to analyze the Federal Supreme Court's ADPF No. 132 in light of the principles of Family Law, pointing out its social and legal repercussions. The theme brings new considerations, or even a new perspective for Family Law, as well as the fundamental rights involved. The methodology used in this work is qualitative in nature. The procedures were used as, literary review, documentary analysis. Also, research was done at the CAPES thesis bank, aiming at a better contextualization of the theme. The historical, social, religious and juridical aspects of the present theme were presented, among them, the extension of the matter related to the stable union between persons of different sex and the union between persons of the same sex, constituting as one of the consequences their conversion into marriage, with the silent permission of the Supreme Court. The content of CNJ Resolution No. 175 was observed. The conclusion presents a discussion about the need for a law that will regulate same-sex marriage.
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    Danos morais por infidelidade virtual
    (Universidade Católica do Salvador, 2020-09-04) Abreu, Nícia Nogueira Diógenes Santos de; Barbosa, Camilo de Lelis Colani; http://lattes.cnpq.br; Amado Neto, Jorge; http://lattes.cnpq.br; Lorenzo, Deivid Carvalho; http://lattes.cnpq.br
    El presente trabajo, realizado a través de una investigación cualitativa, tiene como objetivo analizar el posible alcance de la indemnización por daño moral resultante de la violación del deber de fidelidad conyugal en el campo virtual. Se utilizaron métodos de revisión de la literatura e investigación documental, basados en el análisis de la legislación aplicable al tema propuesto - en particular la Constitución Federal de 1988 y el Código Civil brasileño de 2002 - además de la jurisprudencia disponible en los repositorios virtuales de la Corte Superior de Justicia. , Tribunal de Justicia de São Paulo, Tribunal de Justicia de Rio Grande do Sul y Tribunal de Justicia de Minas Gerais, aplicando el marco temporal de 2018 a 2020. El interés por investigar la infidelidad virtual, desde la perspectiva de la responsabilidad civil, particularmente en que se refiere al estudio del daño moral derivado del incumplimiento del deber de fidelidad conyugal en el campo virtual - surge de la naturaleza actual del tema, ya que los avances tecnológicos comienzan a exigir un análisis reflexivo y adecuado de este contexto, que influye e interfiere en las relaciones conyugales , llevando a los profesionales del derecho a ampliar su propia concepción del incumplimiento del deber de fidelidad conyugal, pa incluirlo en el campo virtual. El análisis de la infidelidad bajo el sesgo de la responsabilidad civil, más concretamente del daño moral derivado de la infidelidad virtual, es de gran relevancia, ya que puede dar soporte a la composición de situaciones prácticas. Los resultados obtenidos indican que la aplicación de principios como la dignidad de la persona humana, la igualdad, la afectividad y la monogamia en el contexto de la familia y, en consecuencia, del matrimonio, han sufrido profundas transformaciones, incluso en lo que respecta a su definición y regulación. De esta forma, los deberes maritales -incluido el deber de fidelidad conyugal- tienen una clara connotación de deber jurídico contractual, alcanzando nuevas dimensiones (incluidas las éticas), resultando en la admisibilidad de la caracterización de la infidelidad conyugal en el campo virtual. Y, en particular, en cuanto a la adecuación de la reparación del daño moral resultante de la virtual infidelidad, la investigación reveló que si bien la doctrina y la jurisprudencia interna reconocen la posibilidad de condenar al cónyuge infiel, aunque sea de manera virtual, por la reparación del daño moral, esta se limita a Hipótesis en las que queda por demostrar la gravedad de la violación y exposición del cónyuge traicionado a la situación desconcertante y humillante. Así, si bien desde una perspectiva dogmática no existe obstáculo a la responsabilidad del cónyuge infiel por el daño moral sufrido por el cónyuge traicionado, el tratamiento que se le da al asunto a nivel jurisprudencial impone, en cierto modo, un obstáculo práctico, cuando se plantea como un requisito para esta responsabilidad, la demostración / prueba de la gravedad de la violación del deber legal de fidelidad conyugal.
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    O dever do estado de promoção à igualdade de gênero
    (Universidade Catolica de Salvador, 2014-02-19) Ferreira, Sheila de Andrade; Santos, Edilton Meireles de Oliveira; http://lattes.cnpq.br/6602550613140098; Pamplona Filho, Rodolfo Mário Veiga; Barbosa, Camilo de Lelis Colani
    This dissertation examines the state's duty to promote gender equality. So, are considered fundamental rights to equality, privacy, dignity and free sex determination. In this context, sexual freedom is inserted as bias of human rights. Are also focused on work relevant aspects that enable the realization of these rights, especially with regard to sexual self-determination. The focus of the research, however, is not guaranteed in the abstract provided in the Constitution, but the manner of implementation of these fundamental rights by the State , with a focus on achievement, either by public policy, the judicial remedies, or even by various normative instruments that may become law harmless from doubts and ratify an environment conducive to settling these rights. In the Brazilian democratic constitutional state, are in continuous relationship fundamental human rights, democracy and constitutional jurisdiction, boosting the normative force of individual rights (and social), as well as participatory citizenship and vindicatory. The singularities of the fundamental right to gender equality, with various warranties hereunder, state duties provided, recognized and progressiveness give it full effect, enforceability and preference in collisions of principles. Precedents of the Supreme Court and Superior Court are analyzed, revealing the weights used to achieve the right to equality. So, are studied the contribution of the Judiciary in the pacification of conflicts and the role of the executive branch through the implementation of public policies that drive the process of realization of gender equality, because even though there are still situations, which effectively demanding a legislative solution more forceful and incisive, always in search of normative force growing in the text magnum and future prospects of maximizing fulfills the State Constitutional promote achievement .
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    O direito à identidade genética em conflito com o anonimato do doador de sêmen: aspectos bioéticos e jurídicos
    (Universidade Catolica de Salvador, 2016-06-30) Ferreira, Paula de Carvalho Santos; Barbosa, Camilo de Lelis Colani; http://lattes.cnpq.br/9804484885693341; Pires, Fernanda Ivo; Pavia, Ana Maria Seixas Pamponet
    This paper discusses the conflict between the anonymity of the sperm donor and the right to genetic identity in heterologous reproductive assisted technology. Deals with the search for the dream of infertile couples to have children, requiring sometimes the use of genetic material foreign to them. The principles of Bioethics and Biolaw discussing that pervade the advances in Biotechnology, in order to preserve humanity dignity. In Brazil, defends anonymity of semen donor, given that there is no specific legislation, only resolutions of the Federal Council of Medicine, generating ethical and legal considerations. There is a discrepancy between the semen donor contract, which must necessarily be free, and semen reception agreement, which is expensive and profitable for the assisted human reproduction clinics, as providing medical services by using genetic material obtained for free. Also, do not confuse the right to genetic identity with the right to paternity recognition. The principle of affectivity guides the Family Law, not being the biological father, in fact, the emotional individual's father. The right to genetic ancestry is linked to the personality rights of the human being, whose existence should be worthy, is the physical aspect or emotional / mental. It is clear, then, that there is a lack of legislation to ensure the right genetic identity, which would focus not on affective bonds, food and / or succession to the semen donor.
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    Diretivas antecipadas de última vontade à luz da dignidade da pessoa humana
    (Universidade Catolica de Salvador, 2018-02-21) Ribeiro, Ana Paula Leal; Santos, Edilton Meireles de Oliveira; http://lattes.cnpq.br/6602550613140098; Barbosa, Camilo de Lelis Colani; Pamplona Filho, Rodolfo Mário Veiga
    While in Brazil the attempts to discipline the directives of last will arise in the format of Resolutions, in the international scope the approach of this institute is inserted by the action of the organs directly responsible for the legislative activity. In this sense, this dissertation aims to study the legal aspects that revolve the edition of Resolutions 1.995 / 2012 and 1.805 / 2006, Federal Council of Medicine; of the philosophical and social aspects that echo of the contemporary society while they fall in the relational familiar dynamics underlying the performance of palliative care in the panorama of the terminality of life; as well as the diagonal intersection of bioethical matrices in the work of the professionals involved in the cycle of humanization of terminal patients, regarding euthanasia, orthatanasia and dysthanasia. In order to analyze the appropriateness of this testamentary modality, the academic reflection in question is embodied in the interdisciplinarity between related areas, with the analysis of its historical course, evaluation of the existence and validity requirements in parallel with the achievement of legal certainty, weighting between the expression of the right to life, freedom and the dignity of the human person. In conclusion, this qualitative research, based on a review of national and international literature and legislation, recognizes that family human development, by grouping the individual's physiological, psychological and behavioral aspects and interactions in the family context, is an inseparable element establishment of the dignity of the human person in the termination of life.
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    Eficácia social das normas protetivas ao adolescente no Brasil e em Portugal
    (Universidade Católica do Salvador, 2014-10) Nunes, Renata Martins; Barbosa, Camilo de Lelis Colani; UCSAL, Universidade Católica do Salvador
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    O envolvimento do padrasto nos cuidados e educação de seu/sua enteado/a: estudo de casos múltiplos no contexto de classe média de Salvador/Ba
    (Universidade Catolica de Salvador, 2015-12-15) Pereira, Indiara da Silva; Moreira, Lúcia Vaz de Campos; http://lattes.cnpq.br/8863706292628331; Porreca, Wladimir; Barbosa, Camilo de Lelis Colani
    The purpose of this study is to evaluate the involvement of the stepfather in the care and education of his stepchildren ,agedbeteween six and 10 years, in middle-class context at Salvador. To achieve it, a qualitative survey was made, more specifically, a multiple case study. Four stepfathers of stepchildren aged beteween six and ten years old, were interviewed.They´ve lived in Salvador, they´ve belonged to middle class and had higher levels of education and got at least two years of conjugal union with the stepchildren´s mother. It was prepared an interview script with open questions. Data were analyzed descriptively for data collection. The study was approved by the Research Ethics Committee of UCSal and the participants signed a consent term. The main findings were: as a result, it was found that mostly mothers and the stepfathers were assigned the responsibility to educate, care for and give affection to children. In the studied cases, the costs were for responsability of the mother and stepfather together or the biological father of the children; the stepfathers interact with his stepchildren, specially on weekends and at night. According to the interviewees, who are available to meet the needs of stepchildren are basically: they (stepparents) and children´s mothers. All stepparents are considered available for the stepchildren, except when they have work obligations, in this conditions they ask for help to the extended family (maternal grandmothers, godmothers, cousins) or, in some cases, the stepchildren´s biological father. The relationship of the stepfather and his stepchildren, in all cases studied happens in a positive way, with a high involvement between them in terms of interaction and availability. However, it´s worthy mentioning that be stepfather is to be a father without being, as described by one of the interviewees. Moreover, all of them consider themselves responsible for the education and care of them stepchildren; there is a distinction in the stepfather and biological father role in the education and care of stepchildren, because there was low involvement of biological fathers with their children and this absence in the children lives weakened the bond between them. Therefore, stepparents analized assumed many of the functions generally attributed to biological fathers, however, they were not clear about the limits of their role.
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    Envolvimento do pai/padrasto com seus filhos e enteados em famílias recasadas de classe média de Aracaju/Sergipe
    (Universidade Católica do Salvador, 2017-12-18) Socorro, Tatiana de Carvalho; Moreira, Lúcia Vaz de Campos; http://lattes.cnpq.br/6538283866214716; Dias, Cristina Maria de Souza Brito; http://lattes.cnpq.br; Pontes, Vivian Volkmer; http://lattes.cnpq.br; Barbosa, Camilo de Lelis Colani; http://lattes.cnpq.br; Alcântara, Miriã Alves Ramos de; http://lattes.cnpq.br
    This doctoral thesis aims at analyzing the involvement of the father/stepfather with his children/stepchildren, from the perspective of the father/stepfather and of his current wife/partner, in remarried middle-class families from Aracaju/Sergipe. To achieve it, a multiple-case study was conducted with six couples from a remarried family, who were cohabiting in a civil or consensual union, for at least two years, and lived in a middle-class neighborhood of Aracaju / Sergipe. In addition, the participant had higher education level, was stepfather and father of a child or children from a previous marital union. For the data collection, a semi-structured interview script was constructed, in which the chosen participants were selected for accessibility. Recorded interviews were held in a place of convenience for the participants. The recordings were transcribed, and the data analyzed descriptively. The study was approved by the Research Ethics Committee of the Catholic University of Salvador - UCSal, and the fathers/stepfathers and their current spouses/partners agreed to collaborate with the study by signing the Informed Consent Form (TCLE). The main results pointed out that they interfere in the paternal involvement with their children from previous marital unions: the father wishes and tries to maintain the relationship with the children; the ex-wife makes difficult the contact of the children with the father; support from the family of origin; the father had lived with the children before the divorce and lived daily with them after the separation; living with the father after the divorce; and the longer time of remarriage. On the aspects that influence the involvement of the stepfathers with stepchildren, it was identified: the biological father has little contact with the child or is absent; stepfather lives with the stepson; the support of the family of origin and of the current spouse/partner; the time of coexistence and cohabitation; the authority of the stepfather legitimized by the mother; characteristics of the stage of adolescence of the stepchild; the desire of the stepfather and of the stepson to interact; and the biological father does not pay alimony. In most cases, there was a high involvement between stepfathers and stepchildren, in terms of interaction and availability; and in one case only the involvement between them was low due to the presence of the biological father in the stepchild's life and the conflicts between father and stepfather. Most stepfathers consider themselves responsible for the education and care of the stepchild, except for two of them, in which the mother takes such responsibilities and provides financial support for the stepchildren. Thus, stepfathers assumed several of the functions commonly attributed to biological fathers, but they were unclear as to the limits of their role. In the remarried family, the conjugal role was present in all the interviewed couples, however, the parental function was differentiated among them, since the stepfathers were classified as: Substitute Father, Claimant Stepfather, and Stepfather Friend. In addition, analyzing paternity in a divorce situation implies considering the diversity of family relationships involved. In turn, the stepfather does not have a socially defined role and his performance will depend on numerous variables previously pointed out. It is concluded that parenting in the remarried family is complex and requires further studies on its specificities.
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    Ética, família, afeto e direito: o cuidado como requisito para herdar e os casos de multiparentalidade.
    (Universidade Católica do Salvador, 2017-08-10) Spínola, Pedro de Figueirêdo; Barbosa, Camilo de Lelis Colani; lattes.cnpq.br/9804484885693341; Cavalcanti, Vanessa Ribeiro Simon; Pamplona Filho, Rodolfo Mário Veiga
    Glimpsing the transformations in the family interactions and the wide influence of affectivity currently in the Law System, this work analyzes the rules of succession law and proposes, in an attempt to bring the affectivity to this branch of Right, the possibility that the care relationship between the heir and the author of the inheritance be considered in the assessment of the legitimacy to succeed, Even more so in cases of multiparentality. Care would be imposed as a burden to be fulfilled to be legitimated to inherit. This proposal fits the general objective of this work, which is to introduce, applying the interdisciplinary, the conception, interpretation and operation of the Law beyond the dogmatic-legalist bias. The imposition of care as a requirement to succeed is a way to avoid that the succession is motivated exclusively by the claim of property, being this assertion, to consider care as an inheritance requirement, the specific objective of this dissertation. For that, we used exploratory and qualitative research, with bibliographic review and documentary analysis, as well as the interpretation and intersection of knowledge and information obtained in theoretical references of Sociology and Right. This study is important because it aims to provide a new vision about succession norms, wishing to open the field to other discussions that may promote the deepening of the ideas brought here.
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    Exames supletivos: motivações de pais e filhos, de contextos socioeconômicos diversos, para a sua realização
    (Universidade Catolica de Salvador, 2014-12-17) Cruz, Ariadne de Araújo; Moreira, Lúcia Vaz de Campos; http://lattes.cnpq.br/8863706292628331; Gomes, Celma Borges; Barbosa, Camilo de Lelis Colani
    Working as educational coordinator of the Standing Committee Assessment (CPA) the State Center for Education Magalhães Neto – CEA, where suppletive exams are developed, led to the development of this dissertation which aims to understand the motivations that lead parents and their children, representing different social contexts, opt for supplementary course exams. The study was characterized by being descriptive exploratory and had 80 participants. These were divided into Group 1 comprised 20 candidates for supplementary course examinations and their fathers/mothers belonged to A and B social classes, and Group 2 encompassed 20 candidates of C and D social classes and their fathers/mothers. The class criteria were established by the IBGE in the 2010 Census, and the age of the candidates ranged from 15 to 20 years. For data collections were built two semi-structured questionnaires: one for the candidates and one for their parents. The study was approved by UCSal Research Ethics Committee. There was invitation to participants in the State Center for Education Magalhães Neto – CEA and who agreed, signed the Consent/Free and Clear Assent and then completed the questionnaire in the Pedagogical Coordination room of the mentioned institution. Data were analyzed building categories from the responses obtained and calculating the respective percentages. Furthermore, there was analysis of the subscribers’ amount, current and approved on reviews from suppletives tests of that school in the period 2010 t0 2013. The main results were: in the studied school, there was a greater demand for supplementary course examinations related to high school than the elementary school II. The demand for such tests increased, but the failure percentage was high. For the fathers/mothers of classes A and B (Group 1), the main motivation for the son performs the tests suppletives was the anticipation of his access at the university. On the other hand, parents of Class C and D (Group 2) wanted the son conclude the high school faster by being overdue in age/grade. Young people from Group 1 were mainly motivated by the fact that they were approved in college/ENEM. In turn, for young people in Group 2, the motivations were aimed to obtain certification as a result of age/grade and to be able to enter more easily into the labor market. In many contexts, there are parents’ expectations for their children to become good professionals and economically independent. Education is valued by all respondents, but there is the need for effective public policies that guarantee formal quality education for all, a society that every day requires more training of its citizens.
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    A família como base da sociedade: uma premissa necessária
    (Universidade Católica do Salvador, 2021-03-26) Souza, Bruno Rodrigues de; Barbosa, Camilo de Lelis Colani; http://lattes.cnpq.br/; Amado Neto, Jorge; http://lattes.cnpq.br/; Lorenzo, Deivid Carvalho; http://lattes.cnpq.br/
    The present paper was developed from documentary research about the formation of the concept of family through history, with its inevitable idiosyncrasies and dynamics, sometimes dysfunctional. The search for the paths of the historical development of families, from antiquity to the present day, going through ancient societies such as the ancient Hebrew society, the Babylonians, the Roman Empire, in addition to others, is a fundamental tool to understand why the institution of the family deserves attention and protection, not only by society, but by the State as well. Still on that path, but with a different bias, investigated whether the possibility of a society (organized as such) without the presence of families, as some totalitarian governments seek, it is possible or if this situation is restricted to the field of fiction. Are all human beings connected to an intangible condition that directs them to start a family, or can they live in isolation and without any type of link or affective bond greater than themselves? In the search for understanding the phenomenon, the multiparentality institute it was briefly analyzed as yet another way in which contemporary families are formed, establish themselves and are recognized. Taking into account the historical character of the paper, the Lebesborn event, which occurred earlier and during the second world war, was analyzed.
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    A família na inclusão das pessoas com deficiência
    (Universidade Católica do Salvador, 2014-07-30) Couto, Anabel Castelo Branco Moreira; Santos, Edilton Meireles de Oliveira; http://lattes.cnpq.br/6602550613140098; Pamplona Filho, Rodolfo Mário Veiga; Barbosa, Camilo de Lelis Colani
    This paper discusses the participation of the family in the process of inclusion of people with disabilities. Shows the trajectory of the disabled always permeated with prejudice and discrimination even within their own family. We clarify that disability and disability are not necessarily synonymous and almost always a disabled person is able to perform their activities and perform their work in search of survival. The social inclusion of people with disabilities is accompanied by a number of relevant issues raised in this paper that must be faced by households, by state and by society at large. Defends itself an effective participation of the family in order to accept the disabled person with their limitations and direct them towards overcoming numerous obstacles imposed by the disability either through own actions or seeking support for various entities such as, for example, APAE and the include project. People with disabilities need to be involved in the labor market to have their dignity respected, once the work is extremely relevant in people's lives to survive, perform their activities in a dignified and completely and feel good and confident before the world which we live. The issue of accessibility is intrinsically linked to the theme since it becomes essential to remove barriers to accessibility in various areas, including in the work and home environment. We also highlight the important role played by the ministry of labor in overseeing the hiring of disabled persons by companies and agencies.
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    Filhos do coração: o reconhecimento jurídico da multiparentalidade nas famílias neoconfiguradas no Brasil
    (Universidade Católica do Salvador, 2015-10-21) Vargas, Hilda Ledoux; Menezes, José Euclimar Xavier de; http://lattes.cnpq.br/5194408237403794; Coutinho, Denise Maria Barreto; Quinteiro, Maria Esther Martinez; Andrade, Celeste Maria Pacheco de; Barbosa, Camilo de Lelis Colani
    This paper aims to examine the possibility of recognizing the multiparenting in families formed by marriage or the common-law marriage with children of one or both members of the couple, from previously broken links, here called newoconfigurated families. These families gained visibility in the 2010 Census, conducted by the Brazilian Institute of Geography and Statistics - IBGE, which, for the first time, pointed his existence and social relevance. The coexistence in the family environment, which is reconstructed on the pains and marks from previous relationships can bring to fruition a sense of parenting that overlaps the biology and transforms people involved in "parent-child heart." The constitutional interpretation that develops this work recognizes the affection as na element of parental bonds able to determine the state of soci-affective filiation and as a legal principle of constitutional order promoting human dignity and determining the kinship constitution, by the art. 1593 of the Civil Code of 2002. The thesis proposal is that is possible the recognition and production from all the legal consequences of multiparenting in newconfigurated families, through the interpretation of the Constitution, the family context in contemporary plural society and paradigmatic changes verified with regard to kinship and affiliation, in Brazilian law from the Constitution of 1988. The interpretation of the affection principle in conjunction with the s of freedom, equality, solidarity, prevalence of child's best interest and adolescents, legal certainty principles allows the understanding that it is possible that a person may have recognized the paternal or maternal multiplicity, in the civil registry. In the national legal literature, the prevailing understanding that can be co-relatives by another source (socio-affective), the relations established between biological parents, stepfathers, stepmothers and stepchildren, in neewconfigurate families. State Courts of Justice have been manifesting in order to host the multiparentanting in cases of “brasilian adoption mode”, heterologous artificial reproduction and adoption by homosexual couples. In cases where stepparents wish to share parenting with parents and Biologycal mothers, some judgments attach charges to the stepfather or stepmother, such as custody of her stepchildren, as well as the right to food to the child's spouse or partner and It is admitting, on behalf of the principle of solidarity, the right to visits. However, the lack of legal studies and the absence of specific legal treatment of the subject justifies the weigh-quisa. For the development work, we used the deductive method with a qualitative approach, with the techniques, the literature review, legislative and judicial, to es-proaches relations of parenting that are established in newconfigurated families, enabling environment for manifestations of affection and solidarity which go beyond the bonds of consanguininess. The conclusion is that after checking the state of affiliation between stepfathers, stepmothers and stepchildren without distortion of biological parenting we must recognize the multipa-rentalidade and the legal effects resulting therefrom
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    Inadimplemento da pensão alimentícia e contexto familiar
    (Universidade Católica do Salvador, 2015-10-26) Lima, Rodrigo Ferreira; Barbosa, Camilo de Lelis Colani; http://lattes.cnpq.br/9804484885693341; Portugal, Daniela Carvalho; Moreira, Lúcia Vaz de Campos
    The content of analyzing the context of the recovery of maintenance in the Brazilian judicial system. It thus explores concepts like family and food. Discusses the efficiency of the current judicial model and makes a comparative international law. The method used was a literature review in order to demonstrate the feasibility of the objectives outlined in the Brazilian legal system. It concluded the viability of the stimulus practical alternatives to the civil prison in pursuit of food. Moreover, can be attributed to the State greater emphasis on the responsibility of the food supply to minors. (Tradução livre)