A destituição da autoridade parental e a manutenção do vínculo afetivo como Direito fundamental à convivência familiar.

Abstract

The theme of the present dissertation is the destitution of the family power and the maintenance of the connection as fundamental right to the family companionship. The issue that the research seeks is to know if before the judicial Brazilian practice that consecrate the interruption of the family power with the loss of the smaller connection with the original family, would this be the more beneficial form or not? The hypothesis presented is that the maintenance of the family connections is beneficial to the minor, even in case of interruption of the family power. Considering essential that the child and the adolescent get a referential of reception, identity and protection. The general goal of this work is to demonstrate a possibility of turning the destitution of the family power in a mechanism of real protection to the child and to the adolescent, being this protection effected by the maintenance of their family companionship and of the connection with their natural family. Specific goals are, still, pointing the need of the interruption of the family power’s practice to be done in way to preserve the family connections of the minor; certify which are the cases that are really gifted of exceptionality that allows the destitution of the family power; identify alternatives that make the family power’s destitution bring smaller psychological and emotional disadvantages to the minor, always assuring his right to family companionship; analyze the constitutional and legal principles that aim to effect the protection to the best interest and to the right of family companionship of the child and the adolescent, and their right to affectivity. For this, the approach method of the research is the deductive one, that is, a method that establishes connections between the phenomena that were always understood as parts of a totality which is, the social life. Regarding to the nature, the research is applied and the approach method is qualitative. Regarding to the general object, the research is descriptive. The documentalbibliographic research is adopted as the technical procedure and with direct and indirect deal of the sources, from techniques of documental collection and analysis of the content. Structurally, the monograph is divided in three chapters. In the first one, is presented the concept, the characteristics and the historical evolution of the family power, as its ownership, practice and the reasons for the destitution of the family power. In the second one, we expose the modern concept of family and its several formations in the current society, focusing its importance to the development of the child and the adolescent. The affectivity and the solidarity’s paper in the structure of the eudaimonistic family. And the right to family companionship in the legislation. Finally, the third one analyzes the measures of putting the child and the teenager in substitute family or in shelter as a way of guaranteeing the family companionship, the National Plan of Protection, Defense and Guarantee of the Right of the Child and the Adolescent to the Family Companionship and the alternatives to the effectuation of the maintenance of the family connection showing a contribution of the Judiciary in the effectuation of the right to family companionship and the maintenance of the connection.