PARENTAL AUTHORITY: FAMILY RIGHTS AND CONSTITUTIONAL PRINCIPLES

Authors

  • Léia Comar Riva Universidade Estadual de Mato Grosso do Sul (UEMS)

DOI:

https://doi.org/10.5380/rfdufpr.v61i1.41896

Keywords:

Family. Children. Changes. Constitutional principles. Family power.

Abstract

The family power toward the person of the children has challenged time; it is foreseen in almost all modern legal systems and is considered one of the most important institutes of private law. This study aims to reflect upon the rights and duties of parents to their children and the changes established by Law No. 13.058/2014, with an emphasis on family relations and on constitutional principles. The methodological procedure consists of bibliographic and documentary research based on the theoretical discussion of the collected material. After the analysis, the data suggest, regarding the exercise of parental authority, that changes occurred more in the design around the institute than in the letter of law, and that one of the possible ways to make it more effective is the appreciation of the paternal and maternal authority by the family, society, and state. As to the changes introduced by the indicated Law, it was found that the prorogation of jurisdictions is just nominal, once they were foreseen in previous laws, being reintegrated in the current juridical order, or are included in other applicable laws, or were a result of joint custody. It is concluded too that the creation of ordinary law which alters another ordinary law is not always the best solution to regulate social issues. Finally, regarding the constitutional principles, it was possible to reflect on the possibility of a dialogue between family law, in general, and its family power regime, in particular.

Author Biography

Léia Comar Riva, Universidade Estadual de Mato Grosso do Sul (UEMS)

Doutora em Direito Civil (FD-USP – Universidade de São Paulo). Mestre em Ciências (FFCLRP-USP). Especialista em Violência Doméstica contra Crianças e Adolescentes (IP-USP). Professora Efetiva de Direito Civil do Curso de Direito e de Especialização em Direitos Humanos da Universidade Estadual de Mato Grosso do Sul (UEMS, Paranaíba, MS, Brasil), Unidade de Paranaíba-MS. Pesquisadora do Grupo de Estudo e Pesquisa GREDIFAMS. Membro-associado da Academia Brasileira de Direito Civil (ABDC). Associada do Instituto Brasileiro de Direito de Família (IBDFAM). E-mail: lcriva@uems.br

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Published

2016-04-29

How to Cite

Riva, L. C. (2016). PARENTAL AUTHORITY: FAMILY RIGHTS AND CONSTITUTIONAL PRINCIPLES. Revista Da Faculdade De Direito UFPR, 61(1), 273 – 295. https://doi.org/10.5380/rfdufpr.v61i1.41896

Issue

Vol. 61 No. 1 (2016)

Section

Artigos

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