FAMILY PROTECTION AFTER THE CONSTITUTION 1988 AND THE ASPECTS OF EXTRAJUDICIALIZATION

• Autor(a) principal: PAIANO, DANIELA BRAGA
• Data de Publicação: 2024
• Outros Autores: SARTORI JUNIOR, JOÃO ANTÔNIO, QUEIROZ, MATHEUS FILIPE DE
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Pensamento Jurídico
• Texto Completo: https://ojs.unialfa.com.br/index.php/pensamentojuridico/article/view/749
• topic: Constituição Federal de 1988; Extrajudicialização; Inovação; CNJ; Proteção da Família; CNJ; Federal Constitution of 1988; Extrajudicialization; Innovation; Family Protection

The present work aims to analyze the ways of forming a family provided for in the 1988 Federal Constitution and also those that emerged afterwards, especially through jurisprudential recognition or by the National Council of Justice. Because of this, initially, a historical analysis of the concept of family was established in all Brazilian Constitutions until reaching the current one with contemporary families. Subsequently, the scenario of dejudicialization of family law was investigated, encouraged through the creation of Provisions by the CNJ. To this end, qualitative research was used, the method adopted was deductive, in the form of bibliographical research, based on researchers, literature and provisions that deal with the topic. As a result, it was possible to conclude that the protection granted to the family by the State must follow not only the exemplary list present in article 226 of the 1988 Federal Constitution, but also the existing models in society, since, in the search for interpersonal happiness, they end up new ways of forming a family are emerging and the law cannot keep up in equal proportion, and the National Council of Justice and legislators must remain attentive to inclusive protection.