Estado, família e subsidiariedade em John Finnis

Abstract

There are many possibilities of state intervention in family life: compelled planned parenthood and sterilization, moral education by the State, loss of custody of children, compulsory and exclusivity of public education. The theory of natural law of John Finnis may contribute to debate of the limits of this intervention. Finnis presents a list of human basic goods, including marriage, as a list of the basic requirements of practical reasonableness, that advise the practical act, including of the statesman. Finnis also approaches the family’s incompleteness as reason for community, State, or international community come to it aid. This relief is not without rules, the community more complete may not take the place of the smaller community. The aid is guided by the principle of subsidiarity, which implies a higher order does not make the compromises that the lowest order is capable of accomplishing by itself. So, initially, the present work introduced the theory of John Finnis about the human goods, especially about marriage. Afterwards, it was discussed about principle of subsidiarity as mediator of relationships between State and Family. At last, it was analyzed the practice of homeschooling in light of the Brazilian Law, the international treaties and the principle of subsidiarity. Thus, it is concluded that the principle of subsidiarity, in its negative dimension, requires that the State do not interfere arbitrarily in family decisions and, in its positive dimension, that it is the duty of the most complete communities guarantee minimum living conditions of people.