O princípio constitucional da solidariedade no direito de família

• Autor(a) principal: Casabona, Marcial Barreto
• Data de Publicação: 2007
• 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/7500
• topic: amizade; caridade; justiça; solidariedade; princípio; cláusula geral; conceito legal indeterminado; direito humano; constituição; Código Civil; família; Brasil [Constituicao (l988)]; Direito de familia -- Brasil; Solidariedade; Justica; friendship; charity; justice; solidarity; principle; general clause; undetermined legal concept; human rights; constitution; Civil Code; family; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL

The objective of this PhD thesis is the defense of the application of the constitutional principle of solidarity (art. 3°, clause I, Federal Constitution) within family law. This assignment consists of an introduction (Chapter I), in which the course to be followed is carefully laid out. Chapter II consists of a philosophical investigation pursuing the origins of the instinct of solidarity. Aristotle and his ideas of justice and friendship, which are strongly connected to charity, was taken as a starting point. From there on, only the thoughts of the most important philosophers who dealt with these three matters were included, We end with the study of utopian socialists and the development of charity and solidarity as a duty, and thus forensic institution. In chapter III juridical solidarity and its most significant representations are approached, Next, in chapter IV, principles, general clauses, undetermined legal concepts were studied, as a means to best pinpoint the juridical nature of the principles underlying this study. A brief incursion in the subject of human rights, which bears a close relation to the scope of this thesis, was also made. Next, chapter V analyses the principle of solidarity in some of the most important constitutions in force, leading in chapter VI to the approach of the same principle in the Brazilian constitution. As an absolutely logical following, family regulations in the Brazilian, and in the main foreign constitutions were studied. From there, in chapter VIII, the inferior to the constitution legislation, the Civil Code in force were considered, tackling the questions related to the included or missing principles. The study is terminated with a brief conclusion from which the thesis here defended is drawn succinctly and objectively