A paternidade socioafetiva como direito fundamental
AUTOR(ES)
Gladis Guiomar Zago
DATA DE PUBLICAÇÃO
2007
RESUMO
The present dissertatiton approaches the subject of the Socioaffective Paternity and the possibility of its recognition as Right Basic, considering the affection as bedding of the legal bond of the paternity, here it is that, currently, the figure of the father surpasses the blood bows, being considered father that one that take care of, intensely protects, feeds, educates and participates of the life of the child, objectifying its the full mental development, spiritual, intellectual and material. It is emphasized that it is not treated to disdain the biological character of the filiation, but yes to recognize a new form of paternity attribution. In this context, one verifies that the Federal Constitution of 1988 recognizes the family as a space of affection between its members and some devices, considered principles constitutional, allow such conclusion. It is the case of the principle of the dignity of the person human being, supporting that it is not enough to assure the life, is necessary to assure that the life alone will be significant will be worthy. The principle of the responsible paternity assures to the son, considered person in development, the right the familiar coexistence, in an environment of affection and moral and material security. Still, the principle of affective and psychological, inherent solidarity to the relations paternalbranch offices. Thus, fully possible to recognize paternity socioaffective as right basic, here it is that he is demonstrated that it is a moral pretension justified, here it is that to the father charges the duty to provide its moral and material assistance, with the objective to form a citizen with autonomy and independence; the socioaffective paternity is a subsystem inside of the legal system, when it is intended to establish a new subsystem, established in the affection and, finally, the socioaffective paternity it is right basic because it is a social reality, in result of the change of paradigms of the relation paternal-branch office, here it is that it tranfers the direction of genitor for the father direction
ASSUNTO(S)
paternidade direitos fundamentais socioafetiva direito direito
