FIGUEIREDO, C. C. M.; http://lattes.cnpq.br/4834908729159702; FIGUEIREDO, Carla Caroline Morais.
Resumen:
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.