A família no ordenamento jurídico brasileiro : de objeto do direito a sujeito de direitos

Abstract

This monograph is a bibliographical research that aims to identify how the legislator deals with the family, the child and the adolescent. For both, the landmark logical was established as the Federal Constitution of 1988, the Statute of the child and adolescent, the new law of adoption and articles between the years of 2000 and 2011, in Jus Navigandi databases and the Brazilian Institute of family law (IBDFAM) using as descriptors: family, family law, child and adolescent. The literature review identified significant advances in the Brazilian legal system due to cultural and economic changes, which allowed the family assume social roles and functions and, also, we critics in relation to the implementation of the legislation in practice of different professionals. About the evolution of the legislation is valid to highlight the incorporation of guarantee of the rights of the family, children and adolescents; Since the latter came to be regarded as subjects of rights and the family came to be defined as the best environment for the social and psychological development. Already with regard to us critics, what stands out is the difficulty in ensuring the best interests of the child and adolescent in the family get-together.