Alternância axiológica do Direito de Família na pós-modernidade

• Autor(a) principal: Silva, Célio Egidio da
• Data de Publicação: 2013
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/6134
• topic: Axiologia; Pós-modernidade; Direito de Família; Alternância de valores; Filosofia do Direito; Axiology; Postmodernity; Family law; Switching of values; Philosophy of law; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This research develops the axiological alternation issue in Family Law on postmodernity, outlining the theme: value in shaping society and its nuances. The research brings with it the changes in family formation from its beginnings to today s age, focusing on the historicity and its influence on the people values in relation to the object. Its development, both philosophical-legal and social, has been done through exploratory-bibliographic research methods , compiling data collected from various written sources, which formed the basis of the research. At first, we consider the axiology: formation and concepts by several authors, from bilaterality to relativity, aiming to inform the reader about the basis of the upcoming thesis. We brought Miguel Reale, Márcio Pugliesi, Cabral Moncada and many other authors with the appropriate relevance. We treat the postmodernity theme, complex and controversial, its concepts and situational picture in space-time, debating this contemporary period of history and its influence on the law itself. We spent a chapter developing the historical question, given the need for understanding the family formation and also the basis for skippering the other indicators of the final analysis, always presenting the question about the values involved in each historical moment, from ancient civilizations to the Portuguese period, since its origin, because it is the genesis of the patriotic rights birth , fundamental to understanding the current situation, in addition to its own analysis of the Christianity and the church influence on these periods. At the end, this research brings the analysis of the family on family law and axiological issues on the postmodern period and their alternation and change of legal values, based on the comparison of source values, ending with a proposed legislative amendment considering the switchover presented