Eficácia da multa por descumprimento do dever de visitas

• Autor(a) principal: Souza, Luiz Felipe
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/15526
• topic: Multa; Dever de Visitas; Descumprimento; Direito de Família

OBJECTIVE: The purpose of this course conclusion work is to analyze the possibility and effectiveness of applying the fine to the parent for immovable breach of duty visit. METHODS: The research proposed for the monographic work, as to the level, will be of exploratory nature. The approach method is qualitative. As for the data collection procedure, it is bibliographic, since doctrines, norms and laws related to the proposed theme were analyzed, in the specific and general scope. RESULTS: With the right of coexistence/visits fully guaranteed to children and adolescents, tied to legal instruments and principles, when there are conflicts of rights/principles, between the parent who does not want to make the visit immovably and the guarantee of his child to coexist with the family, this should prevail over that, that is, the child has priority, In view of the state of full development of the child or adolescent, the State should not remain inert in the face of the omission of visits by the parent. Likewise, it is not plausible to expect the child or adolescent to suffer from affective abandonment, if there are mechanisms to be able to restrain or at least try to restrain the non-fulfillment of unmotivated visits. CONCLUSION: It is concluded that the possibility of a fine is effective as a coercive means to compel the visiting genitor who immotively does not carry out the visits to make them, still, its application is possible in order to inhibit affective abandonment, since there are mechanisms available in the Brazilian legal system.