Princípio da proteção integral dos filhos incapazes e da liberdade de crença: conflito entre direitos fundamentais quando os pais optam pelo estilo de vida vegano ao filho

• Autor(a) principal: Vicente, Amanda Fernandes
• Data de Publicação: 2018
• 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/5564
• topic: Alimentação vegana; Proteção integral; Menores incapazes

This paper aims to analyze the collision between the principle of the integral protection of the incapable children and the constitutional precept of the freedom of belief in relation to the vegan lifestyle imposed by the parents. The present study will present the concepts and peculiarities of both principles, as well as verify if there is a possibility that the State interferes in the parents' decision regarding their belief being transmitted to the incapacitated child, who lacks a diet composed of foods from animals, to have a physical-psychological development of a normal child of his stature. As to the approach, this will be deductive, given that doctrinal understandings and concepts will be presented on the subject in question. As for the level of research, the exploratory will be used, since it seeks to have greater knowledge about the problem, in order to allow considerations on the subject. In addition, in relation to the research method, bibliographical and documentary will be used, bringing jurisprudential and doctrinal understanding, legislation and articles that can help in the explanation and deepening of the theme. The result of this work is the answer to the problem question, that is, when the lifestyle imposed by parents on their incapable children is putting their physical and intellectual integrity at risk, the right to freedom of belief can not overlap with the Right to Protection disabled children. From these results, it was verified that although the individual freedom of each person is protected by the Federal Constitution of 1988, when the integral protection of the incapacitated children and the right to freedom of belief are in the course of collision, vegan life, the legal operator must weigh the legal antinomy in the light of the particular case, so that the application of one duty does not imply the succumbency of the other.