Browsing by Author "Oliveira, Teresa Cristina Ferreira de"

Now showing 1 - 20 of 38
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    Abandono afetivo inverso: possibilidade de reparação civil à luz sa legislação brasileira
    (Universidade Católica do Salvador, 2021-07-17) Sena, Kiara Melo Silva; D’Albuquerque, Teila Rocha Lins; http://lattes.cnpq.br/; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br/
    This article aims to study the possibility of civil reparation by the light of Brazilian law focused on inverse modality of affective abandonment, analyzing the way in which the issue of affective abandonment is treated by the judiciary, in addition to repairing the damage caused to themselves by their family members. The study of this theme began from the observation of the massive and continuous growth of cases of abandonment of elderly people in nursing homes and the need for protection of this neglected class, based on the Elderly’s Statute, the Federal Constitution and the principles that guide the Family Law.
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    Abandono afetivo: os contornos jurídicos do dever de reparação do dano moral nas relações paterno filiares
    (Universidade Catolica de Salvador, 2019-01-30) Santos, Glendha Nayara Bezerra dos; D’Albuquerque, Teila Rocha Lins; http://lattes.cnpq.br; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br
    This paper has as main objective the analysis of the affective and abandonment of liability, if the lack of affection and the removal of the parents with their children’s has the mojo to generate compensation for moral damages to the injured party, which in large most of the time are his children. Parent’s obligations arising from family power not restricted exclu-sively to material support, but also the emotional and sentimental support. This duty of repair due to emotional abandonment is rather controversial theme in the case-law country, considering that for some the right applicators lack of affection alone is not able to result in moral damages, to other non-compliance whit the duties as family power must be supplied through the civil liability. On this, the Judiciary has been often meant to position itself on the jurisdictional duty demands of compensation for moral damage caused by the abandonment.
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    Abandono inverso: a responsabilidade do dever de cuidado dos filhos com os pais na velhice
    (Universidade Católica do Salvador, 2018-10) Correia, Ingrid Pereira; Oliveira, Teresa Cristina Ferreira de; UCSAL, Universidade Católica do Salvador
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    Adoção à brasileira” sobre diferentes perspectivas: ato ilícito ou ato de amor?
    (Universidade Católica do Salvador, 2020-06-10) Ribeiro, Tainá Lima; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br/; D'Albuquerque, Teila Rocha Lins; http://lattes.cnpq.br/
    This article has as its general objective to analyse the unlawfullness of Brazilian adoption fraud”. In order to that, the sistematic literature review was used as research methodology. The “Brazilian adoption fraud” is characterized by the act of registering children as your own without carrying out the mandatory legal procedure for adoption. The Brazilian Penal Code, precisely in article 242, typifies this act as a crime. Beyond that, the structure of this article was elaborated to present the adoption history, its modalities, characteristics and requirements, besides the analysis of the child’s best interests principle as a foundation for the implementation of this modality in specific cases so that the main reason of this act, which is love, was brought to evidence.
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    A adoção livre dos liames conjugais, devido as novas concepções em torno do instituto da família: uma possibilidade de adoção por casais coparentais
    (Universidade Católica do Salvador, 2021-06-17) Melo, Amanda Diamantaras Garcia de; D’Albuquerque, Teila Rocha Lins; http://lattes.cnpq.br/; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br/
    The present work has as a general objective, to verify the possibility of a couple who are not civilly married, or even maintain a stable union, adopting a child or an adolescent. Furthermore, the institute of coparenting was discussed in the concrete scenario of Brazilian families; as well as the requirements for adoption in the Brazilian legal system were described; This article starts from the research question: in the Brazilian legal system, would it be possible for coparenting to affect adoption, so that the partners do not have a marital relationship? As a methodology, the literature review and document analysis on the subject were used. The results seem to point to a favorable alternative for those coparental couples who wish to face the literality of art. 42, §§2 and 4, in favor of carrying out a joint adoption.
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    O afeto como elemento primordial na conformação das famílias: uma análise das implicações do reconhecimento da multiparentalidade
    (Universidade Católica do Salvador, 2020-12-15) Silva, Ana Carla Rocha da; D’Albuquerque, Teila Rocha Lins; http://lattes.cnpq.br; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br
    Family Law has undergone several evolutions and currently covers families in their plural forms. One of the evolutions was to recognize the affiliation arising from the affective bond, which can coexist with the biological and configure multiparenting. There is still no law in the Brazilian legal system specifically providing for the subject; thus, in practice there are still challenging situations to reconcile the implications of the recognition of multiparenting with the different law institutes that were created with traditional affiliation in mind. The present work, therefore, aimed to analyze the legal reflexes of affection from the perspective of multiparenting, through theoretical and bibliographic research, of qualitative nature, with the hypothetical-deductive method.
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    Amante digital: as consequências pisicojurídicas da infidelidade virtual no casamento e na família
    (Universidade Católica do Salvador, 2020-06-10) Nascimento, Gabrielli de Carvalho; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br/; D'Albuquerque, Teila Rocha Lins; http://lattes.cnpq.br/
    The present academic work analyzes the consequences of virtual infidelity on marriage and family, through a systematic review of literature carried out through books, scientific articles and dissertations. In order to identify the pillars of family and its legal complications, the study was conducted on the historical evolution of the institution, which directly reflects the concepts of marriage and marital rights and duties.This academic work highlights that the internet has provided new ways of relations, opening up space for virtual infidelity, which presents itself as a subject that is widely discussed and experienced by today's society. This study reveals that reparation is entitled when virtual infidelity is proven and it affects the rights of the betrayed spouse through an action to repair moral damages. In the course of the process, the matter is not who caused the end of the marital relationship, but if the unfaithful spouse acted with illegal conduct, causing damage to their partner.
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    Aplicabilidade da responsabilidade civil dos pais por abandono afetivo dos filhos
    (Universidade Católica do Salvador, 2020-12-15) Thomaz, Eduardo Santos; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br; D'Albuquerque, Teila Rocha Lins; http://lattes.cnpq.br
    This article starts from the research question: how does the emotional abandonment of parents towards their children in Brazil entail civil liability? We sought, as a general objective, to discuss how the lack of affection leads to the applicability of civil liability of parents through decisions of the State Courts of Justice. It is the emotional abandonment of children as the omission of care, education, company, social assistance, which parents should offer to their children, in other words, the non-fulfillment of what is provided for in legal and constitutional text. Such suffered omissions can trigger feelings of sadness and, in certain cases, depression in the child, as well as giving rise to the applicability of the parents' civil liability. Thus, it is relevant to analyze the affective abandonment of children, in view of the legal consequence, which is the civil punishment of parents, which is the subject of Brazilian law. The specific objectives were: to analyze the relationships between parents and children in the family, defining parenting; investigate how affective abandonment can have the legal responsibility of parents; and to identify damages resulting from the parents' lack of affection in their children's relationships. As a methodology, we used the bibliographic review and analysis of scientific articles available in the Google academic and Scielo database.
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    Desatando os laços de amor: a dificuldade da guarda compartilhada dos animais de estimação
    (Universidade Catolica de Salvador, 2019-06-13) Gabriel, Paola Gomes; Oliveira, Teresa Cristina Ferreira de; lattes.cnpq.br; D'Albuquerque, Teila Rocha Lins; lattes.cnpq.br
    This article aims to analyze the pet’s destination resulting from the society dissolution and conjugal bond, focusing on the probabilities of a shared custody. This work is based on bibliographical and documental researches. Observing that most of the analyzes show the positive factors of the presence of the pets in a family, many of these pets assumed the “son status”, which as a being has a capacity for feeling and sensations in a conscious way, the pet can’t be seen as an ordinary object, due to this animals has received rights, determining responsibilities to their owners at the end of a conjugal relationship, showing be viable pet’s shared custody, aiming the animal’s welfare, as demonstrated by jurisprudence, there are bills in progress to rule pet’s situation, which are: Projeto de Lei 1.058/2011 and Projeto de Lei 1.365/2015.
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    O direito ao esquecimento em âmbito nacional: um estudo à luz da declaração de incompatibilidade com o regime constitucional
    (Universidade Católica do Salvador, 2021-06-17) Araujo, Paula Barreto de; D’Albuquerque, Teila Rocha Lins; http://lattes.cnpq.br/; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br/
    The article in evidence presents an overview of the right to be forgotten at the national level, under the perspective of personality rights, in order to analyze the recent decision of the Supreme Court to declare it incompatible with the constitutional regime. Therefore, a bibliographical study is carried out regarding the historical context of the right to be forgotten, both in the sphere of the Brazilian legal system, and jurisprudential studies, as well as international decisions on the subject. It also includes a brief explanation of the right to be forgotten as part of personality rights, making a comparison with freedom of expression, information and the press. In this sense, it needs to portray the theory of conflict resolution between constitutional norms, despite the balance between principles and their factual and legal foundations. It aims to bring up, therefore, the question on what grounds underpinned the recent unconstitutionality decision on the right to be forgotten.
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    Direito de laje: as (in)aplicabilidades e (in)eficácias imediatas da Lei 13465/17 nas comunidades de Salvador/Ba como reflexo do direito fundamental à moradia
    (Universidade Católica do Salvador, 2021-06-15) Santos, Gabriel Conceição; Pereira Neto, Aloísio Gonçalves; http://lattes.cnpq.br/; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br/
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    Direito sistêmico: aplicação das práticas sistêmicas na solução de conflitos judiciais
    (Universidade Católica do Salvador, 2021-06-28) Pereira, Danielle Carli Xavier Severo; Rosas, Maria Lúcia Garcia; http://lattes.cnpq.br/; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br/
    Systemic Law, a term created and implemented in the legal sphere by the judge Sami Storch, and the applicability of his practices that are based on the use of the family constellation and the systemic view, proposed by Bert Hellinger. This article aims to analyze the application of systemic practices as a means of systemic law, in addition to its interaction with legal norms in conflict resolution, considering that law operators must respect the pillars that support social and to base its vision on a holistic understanding of the notion of the formation of the individual in society, considering their particularities and how these affect the resolution of their conflicts. The research was developed analyzing the hypotheses that the adoption of these practices promotes an expansion of the awareness of the parties, more effective and peaceful solutions in the judicial or extrajudicial environment, causing a reduction in recurrences, as well as conflicts submitted to a holistic view of systemic practices, considering personal and especially family aspects of the parties, offer more effective solutions. It reveals the awakening, regarding the use of the tool, as a mechanism that leads the parties to a more conscious and peaceful path to resolve their legal conflicts, respecting the multiple possibilities to resolve them, prioritizing their interests.
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    Efeito backlash na jurisdição constitucional: constitucionalismo democrático e a expulsão de estrangeiros com filhos no Brasil
    (Universidade Católica do Salvador, 2021-06-07) Anjos, Caio Henrique Conceição; Mesquita, Giselle Amorim Nery de; http://lattes.cnpq.br/; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br/
    This article aims to analyze how the “backlash” effect, in constitutional jurisdiction, can affect the decisions of the Supreme Federal Court on the expulsion of foreigners with children in Brazil and the importance of democratic constitutionalism in this situation. Therefore, a deductive approach was used, using bibliographic, jurisprudential and legislative sources. In this way, we will envision the consideration of the possibility of surrendering or not the foreigner who has a child, minor or not, under his or her economic or emotional dependence and the protection of the family in the cases analyzed.
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    Envolvimento paterno ao longo do curso de vida dos filhos e os reflexos das mudanças no ordenamento jurídico brasileiro quanto ao poder familiar
    (Universidade Católica do Salvador, 2020-06) Nascimento, Ana Marcela Silva do; Moreira, Lúcia Vaz de Campos; http://lattes.cnpq.br/; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br/
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    Envolvimento paterno com filhos adotivos: um estudo com base na Teoria Bioecológica de Bronfenbrenner
    (Universidade Católica do Salvador, 2021-02-26) Oliveira, Teresa Cristina Ferreira de; Moreira, Lúcia Vaz de Campos; http://lattes.cnpq.br/; Carvalho, Ana Barreiros de; http://lattes.cnpq.br/; Lorenzo, Deivid Carvalho; http://lattes.cnpq.br/; Dias, Cristina Maria de Souza; http://lattes.cnpq.br/; Fornasier, Rafael Cerqueira; http://lattes.cnpq.br/
    El objetivo general de este estudio es investigar cómo ocurre la participación del padre con los hijos adoptados. La investigación tendrá como base teórica la Teoría Biológica del Desarrollo Humano, elaborada por Urie Bronfenbrenner. La investigación se caracteriza por ser cualitativa y descriptiva, con múltiples estudios de caso. En la investigación participaron cuatro padres adoptivos de clase media que vivían en la Región Metropolitana de Salvador, y se accedió a ellos en dos grupos de apoyo para la adopción. Se realizó una entrevista grabada con cada uno de ellos por separado, para ello se construyó un guión con preguntas abiertas. Los datos se analizaron de forma descriptiva. Todos los participantes firmaron el formulario de consentimiento libre e informado. Como principales resultados se encontró que los padres demostraron estar bastante involucrados con sus hijos tanto en interacción, accesibilidad y responsabilidad. En los primeros días de socialización se expresa una identificación, incluso una “pasión”. El amor se intensifica con el tiempo de convivencia, fortaleciendo el vínculo entre el padre y su hijo adoptivo. Se concluye que los padres vivieron intensamente todo el proceso de adopción de sus hijos y están muy involucrados con ellos.
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    Estrelas, familiares, e o céu da composição: a efetividade da constelação familiar como método autocompositivo de resolução de conflitos
    (Universidade Católica do Salvador, 2021-06-15) Santos, Erbeson Souza dos; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br/; D'Alburquerque, Teila Rocha Lins de; http://lattes.cnpq.br/; Pereira Neto, Aloísio Gonçalves; http://lattes.cnpq.br/
    This monograph aims to discuss generally the effectiveness of Family Constellation as an adequate method for self-composition of family conflicts. Therefore, it is necessary to highlight specific goals, which are: presenting the concept of Family Constellation in line with the approach brought by law 13.140/2015, as well as the valorization of the use of the technique with the enactment of law 13.105/2015 and Resolution 125 of 2010 by CNJ (National Council of Justice); identifying the elements and peculiarities compounding the Family Constellation, as well as their effects on family lawsuits; and analyzing how the implementation took place and how Family Systemic Constellation has been contributing to the consensual resolution of conflicts in the Judiciary in State of Bahia, Brazil. The confrontation of the research problem gravitates around the following question: "How does the Systemic Constellation promote a consensual resolution of family-related conflicts?". Based on this question, the work will be developed using the methodology of systematic literature review, interweaving various knowledge, in order to bring relevant and viable information to the in-depth study on the topic under review. The research benefits from written information and knowledge from subjects other than Law, proposing, therefore, an interdisciplinary analysis, how the method itself - object of study - is constructed.
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    Eu também tenho direito à herança do meu pai: filhos da inseminação post mortem
    (Universidade Católica do Salvador, 2020-06) Colavolpe, Clara Finotti; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br/
    In order to investigate the existing normative gap with regard to the succession rights of the embryo conceived post mortem, through exploratory and descriptive research, this article will be based on the care of normative letters, envisioned in secondary sources, such as articles, books and manuals, in order to compare the Constitutional text of Articles 1,597 of the Civil Code of 2002 , which implies the presence of parentage and the recognition of paternity, even if the homologous artificial procedure is carried out post mortem, and Article 1,784, also of the Civil Code of 2002, which designates as a legitimate part of the succession the living persons or, at least, already conceived at the time of opening of the succession proceedings, excluding those that may still be conceived after the death of the author of the inheritance. Therefore, we seek to analyze how the homologous postmortem insemination has repercussions on family and succession law, as well as the legal and psychic consequences to the child from posthumous fertilization.
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    Filho do coração: o processo de adoção de crianças na perspectiva paterna
    (Universidade Catolica de Salvador, 2014-12-18) Oliveira, Teresa Cristina Ferreira de; Moreira, Lúcia Vaz de Campos; http://lattes.cnpq.br/8863706292628331; Piccinini, Cesar Augusto; Petrini, Giancarlo
    This master's study aims to understand the child adoption process in the parental perspective. To achieve this scope, it was decided to develop a descriptive qualitative research. Five adoptive parents participated in the investigation, from avaraged-class, living in Salvador (Bahia), and they were accessed in two adoption support groups. Taped interview with each of them separately was made, therefore a script with open questions was built. Data were analyzed descriptively. All participants signed a consent form and the study was approved by UNEB Research Ethics Committee. The main results it was found that the reasons for adoption were varied: the father had a vasectomy at first marriage, after the coming of biological children, and have married again and want to have a child with the new wife; the father being adopted son and want to give back what had received from parents who welcomed; also appeared to adoption as a way of life, even the couple having biological children together; another issue was the fact that biological child with genetically transmitted disease; there was also the option for adoption instead of artificial insemination due to the difficulty in achieving pregnancy, which was motivated by religious issues. It was evident the importance of the decision process is the couple together so that family relationships elapse of more positive and favoring human development form. The criteria for choosing the adopted son also were many: look like the adoptive parents; be a girl or a couple; be baby; be healthy. In the first adoption, the couple want, somehow, find a foster child with characteristics similar to those that have a supposed biological child, in the second there is already greater openness. The legal procedures are considered positive with respect to the interdisciplinary team of action, but no complaints regarding the delay of issuance of the birth certificate with the name of the adoptive family, which affects access to formal education and medical care, as well cause constraints. Parents equate to biological and adopted son were quite involved with their children. We conclude that parents intensely experienced the whole process of adoption of their heart children.
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    A filiação socioafetiva e a importância da preservação dos vínculos familiares
    (Universidade Católica do Salvador, 2020-12-16) Santos, Bruna Carvalho; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br; D'Albuquerque, Teila Rocha Lins; http://lattes.cnpq.br
    The purpose of this article is to study and analyze within family law, the importance of preserving family ties in terms of the constitution of socio-affective affiliation and its consequent legal effects. The work was developed through the method of systematic literary review, analyzing texts, doctrines, articles and jurisprudence on the subject. In this way, an approach about the history of the evolution of the Brazilian family becomes relevant and then, the study of the valuation of affection, this being the vector and determining factor for the development of the contemporary understanding of the idea of family. In the end, it seeks to form an understanding about the relevance that formalized ties have for the lives of those involved and the impact that this break can have, as well as the jurisdictional understanding about the impossibility of its deconstruction.
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    A garantia do melhor interesse e da proteção integral da criança e do adolescente institucionalizados na relação de apadrinhamento afetivo
    (Universidade Católica do Salvador, 2020-06-10) Assunção, Cândida Letícia Dourado Queiroz de; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br/; D'Albuquerque, Teila Rocha Lins; http://lattes.cnpq.br/
    This article aims to enable knowledge about the affective sponsorship program and the discussion on how is the relationship of the persons that are involved. The work was constructed through the method of systematic literary review based on studies of texts, books and scientific articles, aiming to seek answers to the questions addressed during the text. At this way, the article goes through the brief history of the institute of the family and adoption in the world and, then, in the Brazilian legal system, serving as an introduction to the main theme which is the affective sponsorship and its purpose of helping children and teenagers institutionalized, guaranteeing full protection and the best interest of the child.