Interferência estatal nas relações familiares
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Date
2013-07-31
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Universidade Catolica de Salvador
Abstract
The theme of this dissertation is the State Interference in Family Relationships. It adopts as a landmark the constitutional principles included in the Charter magna 1988 that influenced the adoption of a new legal hermeneutics with regard to family relationships in particular the parental-filial relationship. After the 1988 C/F a profound change was produced in Family Law, which changed the profile of the parental-filial relationship to a unit of affection and solidarity, being recognized as an instrumental entity aimed to prioritize the interests of its constituents, especially those of children and adolescents, whose settlement shall be done by the principle of full protection of the minor. The overvaluation of affection by the State defined what would be a satisfactory familiar relationship, distinguishing it from other relationships that occur in everyday life. Law suits demanding compensation for moral damages are constantly filed, in order to convict alienated parents for civil liability, and expanding the radius of state action within family law. The overvaluation of affection by the legislature on the current family relationships allowed the State to broaden its interference in the family, intervening in a field that is not, in its particulars, accustomed to these interferences. With the scope of discussion systematization on this theme in the art of specialized State, as well as in its respective dogmatic concept, literature searching was supported by aid of logical-deductive method. Successive and crossed readings were carried out on texts of experts and dogmatism thinkers, who recorded them in files frequently reviewed, especially when there is a readback of contrasting ideas and concepts. When dealing with the legal text, hermeneutic analysis was proceeded of article 1513 of the Civil Code in force, which enforces the principle of freedom or non-intervention in the optics of Family Law. Consequence from the convergence of a literature review and application of legal hermeneutics is the recognition that this principle has direct relation to the principle of private autonomy, which must also exist under the Family Law, thus avoiding greater State interference. As a selection filter of scientific articles that deepen this discussion here constructed and checked, databases such as from the Virtual Library of Brazilian Journals (Scielo), from which are collected and selected productions relevant to the topic, besides Bank of Theses and Dissertations from CAPES / Public Domain.
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Keywords
Família, Afeto, Abandono afetivo, Criança e adolescente, Interferência estatal, Autonomia privada, Family, Affection, Alienation of affection, Children and adolescents, State interference, Private autonomy