Limites à intervenção do Estado nas relações familiares: novos desafios das relações público-privadas

• Autor(a) principal: Menezes, Rita de Cássia Barros de
• Data de Publicação: 2018
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações do Mackenzie
• Texto Completo: http://dspace.mackenzie.br/handle/10899/23130
• topic: interferência estatal; famílias; relações privadas; proteção; violação; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The present work aims to propose a relevant discussion about State interference in contemporary private relations, more specifically in relation to the family space, proposing a questioning about how far the State interference is no longer a protection measure and is now considered violation of the privacy and privacy of members of this important social institution. The theme is not subject to discussion, since one observes a constant evolution of the society and the models of family in the contemporaneity, establishing a dynamicity in the relations, reflecting directly in the production of legal effects in front of the complex familiar relations that involve the familiar power, the property, the duty of care among the members of the family, demanding a position of the Social State as a guarantor of the balance, presupposed by this new conception of State, but which, on the other hand, end up violating some constitutional principles such as equality, dignity of human person, freedom, intimacy and privacy, which must be protected by him. The study will be developed through the method of dialectical approach, recognizing the family as a constantly changing entity, seeking not only to know reality, but also to analyze it, seeking the social changes reflected with the emergence of new rights, such as rights transindividuals. The systematization of data will be based on bibliographical research, seeking to understand the historical and social trajectory of the family, and its role vis-à-vis the State, in different perspectives and temporal periods. The means of investigation used will be the bibliographical and jurisprudential research, sought in the Superior Courts of the Country, which will serve as legal basis for the proposals discussed and presented in the present work.