CARLOS, T. R.; http://lattes.cnpq.br/4206891350283225; CARLOS, Thaís Rodrigues.
Résumé:
Throughout the history of mankind, there are many ways in which the State tries to
control society and direct its iniciatives. One of these ways was through the intervention
at the family Law. First, as a way to provide a worthy life and to secure human and
social rights, it started to cross the line in a fine line when it conceptualized behaviors
and dictated supposed duties that, in fact, are eminently priate. The proposal of this
study consists in the explanation of family history throughout generations, both in
sociological terms, ans in legislative treatment; to expose the starting when the state
entity started to intervene in the legal harvest and stopped being essential and
becoming excessie; as well, to question the possible legal and social effects caused
by this phenomenon. The research is based in the deductive method, starting with
general findings, through the current legal normativity, as well as the events ocurring
on different institucional fields, to come to the evidence of the prejudicial growing
interference of the State Power in family relationships. It addopts a policy of
documentary research, based on the analysis of the jurisprudence and law projects
related to theme. And as research technique, the literature, focused in the analysis of
the Laws that deal on the subject and the doctrinal works. In more, the current study
sought to demonstrate the political, legal and social consequences of the current state
intervention in family law, and propose as a solution to the problem to decrease in such
interference as a way of legitimizing the freedom principle.