UM NOVO PARADIGMA JURÍDICO SOBRE A FAMÍLIA: a ruptura do paradigma patrimonialista e a fundação de um paradigma centrado na afetividade e dignidade humana

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

The central focus of this work is the analysis of a new paradigma to family rights throuth de afectual model. The multiple possibilities of family models are due to historical context of the patriarcal decline , economical changes, new technologies and the subjective wishes comprehension. It is in this context that the family Rights are rewriting a new reality. In other words, it is not possible to build in any thought, normative text or jurisprudence to the family Rights without the afectual conception. Throught the deductive method a brief narrative of the Roman family, the protestant rebuild and the French revolution will be told, followed by the Brazilian family, since its classical formation, thorough marriage, up to the necessity of the new recognized family configuration nowadays. Whole analysis are supported by the teaching of the Federative Republic of Brazilian Constitution, the 1916 Civil Code and the 2002 New Civil Brazilian Code. Afection is pursuit as the new paradigma of the family liason, through the socialantropological psychanalitical reflexion of afection. After that, it is seen the patrimonialist paradigma of the family rights, considerig the prevalence of hte patrimonial interests of the older Brazilian laws. It is analysed the family configuration and nowadays afectual bases linked to the Human Been Dignity, enphasizing the Law Politics in the new family Rights rebuild.

ASSUNTO(S)

direito de família direito de família direito direito direito positivo

ACESSO AO ARTIGO

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