O princípio da dignidade da pessoa humana e sua relação com a convivência familiar e o direito ao afeto

AUTOR(ES)

Maria Cristina Renon

DATA DE PUBLICAÇÃO

2009

RESUMO

The aim of this study is to detect vhether, in face of the principle of the human being dignity, set up as a foundation of the Democratic Rule of Law, according to the Constituion of the Federal Republic of Brazil of 1988, the child and the adolescent have the companionship with those who withhold their custody granted, when the rupture of their parents occur, so that the affective bon among parents and children may be promoted. After this brief consideration on the human being dignity principle, there is also an attempt to take the right of the children to the familiar companionship into account, by conjecturing on the principle of the best interests both of children and adolescents, and presenting fondness as a forensic right and duty, besides stating that the children are granted the right to keep in touch with their non-custodial parent. Subsequently, it was also necessary to analyse the family institution in order to understand its evolution and transformation as time went by. The study of authority and of the familiar power was also considered so as to show that children and adolescents must have limits set that derive from the parental relationships, for a full and heal thy development. And finally, after indicating the theoretical basis for the custody forensic action and visit regulations, the study promoted a jurisprudence analysis as a way to examine the background that was emitted by the native courts of justice to confer if the judgers effectively set their decisions on the principle of the human being dignity and on the best interest both of the children and of the adolescents. There was also the formulation of a final proposition to make the right of the companionship between children and parents concrete, in spite of the existing bond between the parents.

ASSUNTO(S)

pais e filhos (direito) familias de pais separados direito dignidade guarda de menores afeto (psicologia) direito affect (psychology)

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