Intervenção estatal no direito de família: análise jurídico-social.

Abstract

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.