Possibilidade da desconstituição da paternidade biológica após a maioridade por abandono material e/ou afetivo

• Autor(a) principal: Damian, Alexandre Resende
• 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/5413
• topic: Direito de família; Paternidade; Afetividade

The present monographic work has as objective to analyze the possibility of the deconstitution of the biological paternity, after the majority, by material and / or affective abandonment. In the attempt to fulfill the aforementioned objective, the method of approach used was deductive, starting from general premises and culminating in the analysis of matter in a specific way. As for the level, the research is characterized as exploratory. Regarding the approach, it is classified as qualitative. Regarding the procedure used to collect data, the bibliographical research was adopted, having as sources of research the Brazilian legislation, several doctrinal works and jurisprudential understandings. The present scientific work, to achieve this objective, has its structure divided into five chapters. In the first chapter an introductory approach is carried out, in order to understand the necessary ways to bring answers to the problems involved in the research. The second chapter, on the other hand, deals with the formation of the family under the Federal Constitution of 1988, as well as situating the reader on the basic principles that guide the law of families and analyze the models of families today. The third chapter deals with demonstrating the highlights of membership in the Brazilian legal system. The fourth chapter will analyze the main theme of the research, which consists in the possibility of the deconstitution of biological paternity, after the adulthood, by material and / or affective abandonment. The fifth and last chapter consists of the presentation of the respective words of conclusion. It was verified, during the work, that there were significant changes in the way of living in the family, which led to the recognition of affectivity as the new vector of family relationships, so that affect began to prevail over the other factors that influenced the family ties until then. Regarding the topic itself, although the specific issue was not deliberated by the Courts, it was concluded that the possibility of the deinstitution of biological paternity, after the age of majority, by the child who had suffered material and / or affective abandonment, since it is in line with the right to identity and self-identification and also to the principles of the dignity of the human person and the search for happiness, since they guarantee the individual his freedom of choice and his wishes in the family sphere. It is in this sense, then, that allowing a purely biological bond to be unmasked will bring important innovations and positive consequences to the legal order, overcoming various understandings hitherto adopted and laying the groundwork for a new ideology to be employed.