The Family Planning: A Personality Right from the Couple

• Autor(a) principal: Reis, Clayton
• Data de Publicação: 2008
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Jurídica Cesumar - Mestrado (Online)
• Texto Completo: https://periodicos.unicesumar.edu.br/index.php/revjuridica/article/view/890
• topic: Dever da família; O planejamento personalíssimo da prole familiar; Family Responsibility; The Personal Family Planning of Children; Deber de la familia; La planificación personalísima de la prole familiar.

The text focuses on the content of the most significant issues in structuring a family unit. The constitutional provision that outlines the encrypted and family planning is impregnated with contributing elements. When available on the normative precepts that parents have to guide the planning of their children, the legislator claimed mens legislatori in expressive of magnitude. This is because the society created by parents and children at this post-modern time represents a legal segment that interferes directly in the state order. For this reason the constitution prescribed that the family is the foundation of society, "... has special protection from the state." This will reduce the parents’ choice about the environment where the children will be raised, as it will also be decisive, the couple conscience in relation to the choice duties from this process. After all, the state has special interest in the formation of citizens who are adequately "guided" to assume social responsibility. And that task involves the personality rights in "construction" of the bonus pater familiae, which gives value and meaning to life. This task was particularly given to the couple, being significantly sealed from foreign public or private bodies interference. And in that direction, the State delegated a very personal right for parents, to deny outside interference, given the current need to build a society founded on cooperation and brotherhood.