Browsing by Author "Miranda, Jamile dos Santos Serra"

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    A perda do poder familiar no Código Civil de 2002
    (Universidade Católica do Salvador, 2020-06-09) Miranda, Jamile dos Santos Serra; Viana, Florimar dos Santos; http://lattes.cnpq.br/; D'Albuquerque, Teila Rocha Lins; http://lattes.cnpq.br/
    the loss of family power, is the loss of the parents' right to exercise parental authority before their children, dealt with in the legal scope of the Civil Code of 2002 and related legislation. The legal circumstances under which it occurs range from immoderate punishment, abandonment, and the practice of acts contrary to morals and good customs. The loss of family power is determined by a court decision, when living with parents results in damage to the child's best interest and damage to their fundamental rights. The power that the law attributes to parents on equal terms is an indispensable duty, due to its importance for the preservation of the family constitution. Given its importance, the law provides ways to preserve it. Thus, it is considered that the loss of family power is the last and most serious measure imposed by the judge. Overlapping the suspension, which is temporary. Considering the loss, a legal sanction.