Abuso de direito no direito de família brasileiro

Abstract

This article is aimed at analyzing the use of the institute of law abuse at Brazilian family law. Before bringing up the theme, they will be presented the main changes of Brazilian civil law, with the revocation of Civil Code of 1916 by the current civil code, placing the civil law in a new view, guided by the principles and constitutional values, phenomenon known as civil law constitutionalization. Then, the theoretical fundamentals of the law abuse and the treatment given to this institute by the civil code will be examined. Later, there is an explanation on the main changes of national family law, heading, after, for the verification of the use of the law abuse concerning the family power and the right to visit. It was chosen a theoretical research, making use of reference books, jurisprudences, legal-scientific articles as well as the Federal Constitution, the Civil Code of 1916, the Civil Code of 2002 and current laws. The work is divided into four chapters: Civil Law Changes; Law Abuse; The evolution of Brazilian family law from Civil Code of 1916 so far; and, the law abuse at family law. After a brief analysis of the issue, there are the final considerations of the author.