Tesis
Filiação socioafetiva e multiparentalidade : efeitos jurídicos quanto ao direito de guarda e ao direito de visitas
Fecha
2020-07-28Registro en:
BERALDO, Maria Clara Bomtempo. Filiação socioafetiva e multiparentalidade: efeitos jurídicos quanto ao direito de guarda e ao direito de visitas . 2020. 132 f. Dissertação (Mestrado em Direito) - Universidade Federal de Mato Grosso, Faculdade de Direito, Cuiabá, 2020.
Autor
Souza, Carlos Eduardo Silva e
http://lattes.cnpq.br/2389881327796689
Souza, Carlos Eduardo Silva e
899.546.961-72
http://lattes.cnpq.br/2389881327796689
Theodoro, Marcelo Antonio
037.541.199-23
http://lattes.cnpq.br/5691859341774214
899.546.961-72
Lima, Éfren Paulo Porfírio de Sá
287.233.923-04
http://lattes.cnpq.br/8157097095467705
Institución
Resumen
Family precedes the State and the laws, in addition to representing the
individual's first social contact, which makes its legal support so important. In
Brazil, the content of Family Law has been changed and reinterpreted
numerous times during the last decades, to adapt to social dynamics. In
addition to the new infraconstitutional laws that appeared to modify or add to the
Civil Code, the Federal Constitution of 1988 provided new reflections and new
understandings on family relationships, based on fundamental rights. This
context of changes in family law, then, allowed new family arrangements to be
legally recognized, of which this dissertation aimed to analyze the recognition of
socio-affective affiliation and multiparent families. As it deals with relatively new
issues for doctrine and jurisprudence, there is a need to explore the means of
guaranteeing the legal and social protection of the consequences generated by
them. Countless are the legal effects produced by the formation of a family
entity, of which the present study selected to deepen the exercise of custody
and visits between parental figures and their children. To this end, this study
was divided into four sessions, each focusing on a relevant aspect of the theme.
Initially, the historical evolution of kinship relationships and the concept of family
was analyzed so that it was possible to understand the way in which these
relationships are treated, currently, in the Brazilian legal system. The influences
that fundamental rights had on Family Law were also investigated. Then, the
arguments that justify the recognition of socio-affective affiliation and multi parenting were demonstrated, as well as showing some possibilities in which
they were admitted in the jurisprudence. Before entering the legal effects, it was
necessary to understand the concept and applications of custody and visitation
rights in Brazilian Family Law. Finally, the problem proposed in this research
was verified, which is the triggering of the declaration of socio-affective
affiliation and multiparenting, in order to understand how the legislation will
need to adapt to the recognition of these new family entities, which still have not
been properly regulated in Brazilian legislation on other areas of law, with a
focus on the custody and visits institute. To this end, concrete cases were
examined in which custody and visits have already occurred in these family
arrangements in Brazilian jurisprudence, in addition to comparing the criteria
and the foundations used in these decisions with those already provided for in
the national legal system. Through bibliographical and documentary research,
using the hypothetical-deductive method, then, it was assumed that the legal
effects of the new family arrangements are not included in the infra constitutional legislation, but the in-depth analysis of the theme clarified that the
means of application already consolidated in the legal system and custody, both
for visits are also efficient when it comes to families whose bond originates from
affection and when the family has a multiplicity of parental figures.