Mutações do conceito de família no ordenamento jurídico brasileiro e seus efeitos sociais família no ordenamento jurídico brasileiro e seus efeitos sociais

Abstract

ABSTRACT

The purpose of this research is to investigate the interrelationship between the legal system and the family, understood as an important social component and which, depending on the social, political, economic and other determinants, tends to be broader or more restrictive. In this way, from the research of the origins of the family in society, the analysis of the way in which this entity was worked and legislated, especially within the scope of the Civil Code of 1916, of an eminently patrimonial, paternalistic and privatist nature, following its context determinant. Finally, it takes care to understand the way in which the legal system resulting from the Constitution of 88 determined and brought a new horizon of legal protection to different types of family, which were previously excluded from the security to which they were entitled. It is noteworthy, therefore, that at the same time, by virtue of the Constitution and the Civil Code of 2002, the family has affectivity as a determining criterion, and that, although advances have already been demonstrated (same-sex marriage; stable union) there are still several issues of Family Law that deserve legal shelter and legal certainty. The methodology used was bibliographical research, which consists of reviewing the literature related to the topic addressed. For this purpose, books, periodicals, articles, Internet sites and other sources were used.

Keywords: Family Law. Principle of Affectivity. Family. Evolutio