Detalhes bibliográficos
| Ano de defesa: |
2007 |
| Autor(a) principal: |
Freire, Marta Regina Pardo Campos
 |
| Orientador(a): |
Diniz, Maria Helena |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
|
| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
|
| Departamento: |
Faculdade de Direito
|
| País: |
BR
|
| Palavras-chave em Português: |
|
| Área do conhecimento CNPq: |
|
| Link de acesso: |
https://tede2.pucsp.br/handle/handle/7837
|
Resumo: |
Family power is a theme of great interest and importance for family law, as well as the filiations and the custody, mainly after the adoption of the Federal Constitution in 1988, the Child and Adolescent Statute in 1990 and the Civil Code in 2002 The present work aims to analyze the family power institute, comparing it with the revoked 1916 Civil Code, and the influences caused by the Constitution of 1988 advent (where it is established the equality of all children, the equality between man and woman and consequently between husband and woman , and the steady union as familiar entity, with consequences in family power) and, later, by the Civil Code of 2002. The child is the great protagonist to be considered, who must have warranted all his fundamental rights, aiming to supporting and protecting the best interest of those that are growing up, as well as subjects of rights, being our intention to point out the controversials of such relevant theme, proposing a new reflection the question, in order to look for possible and harmonizing solutions. The work will start with an study about the institute, criticizing the change of the locucion paternal power to family power, with the evolution of Brazilian law, collating the thoughts of some authors. An profound exam of the origin, characteristics, purpose and exercise of the family power will be made. In the sequence, the question of the content will be analyzed, in its personal and patrimonial aspects, and the consequences of not obeying it, analyzing the causes of suspension, loss and extinction. The title family power comes from filiation, independent of the parental conjugal bond, becoming necessary, therefore, to talk about filiation, mainly after the Federal Constitution and the Civil Code of 2002 advent, which impose equality among all children, causing significant changes. And finally, the child guard, one of the attributes of the family power, will be studied, analyzing the types of custody, which are, sole custody, alternate and joint, and which would be the best to be adopted in benefit of the child and not in the interest of parents |
