O descumprimento do direito de visita pelos genitores e a possibilidade da aplicação da astreinte em acordos homologados judicialmente

• Autor(a) principal: Esmeraldino, Júlia
• Data de Publicação: 2017
• 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/6139
• topic: Multa; Processo civil; Direitos de visita; Direito de família

This thesis aims to analyze the possibility of fining parents who don’t comply with the visitation agreement. Deductive reasoning, which is a logical process that starts from a general statement to reach a logically certain conclusion, was used. Exploratory, qualitative, bibliographic, and documentary research was done. Research was limited to visitation agreements reached by parents, opposed to court-ordered visitation, seeing that, concerning the former, there is an assumption that both parents are interested in spending time with their child. This thesis analyzed the possibility of fining parents for two distinct situations: when one parent refuses to allow the other parent to exercise his/her visitation rights and when the visiting parent doesn’t comply with the visitation agreement. It was ascertained that, when one parent denies the other parent visitation of their child, doctrines and judicial opinions largely agree it is possible to impose a fine. After all, in spite of the parent clearly wanting to be involved in his/her child’s life, his/her visitation rights are being obstructed. However, doctrines and judicial opinions diverge in the matter of fining the visiting parent who doesn’t comply with the visitation agreement. Some affirm that it isn’t possible to fine a parent for not visiting his/her child because nobody is obliged to nurture feelings for another person, emphasizing that forcing the parent to visit the child is harmful to the latter; others assert that it is possible to impose a fine since it is the child’s right to spend time with his/her parent. It was concluded that imposing a fine proved to reinforce the visitation agreement and thus enable both parents to be present in their child’s life.