FAMÍLIA BRASILEIRA CONTEMPORÂNEA: PERSPECTIVA JURÍDICA SOBRE SUA FUNÇÃO SOCIAL

Abstract

The recognition of the social functions of the contemporary Brazilian family, by the Law, considering the historical transformations occurred at the end of the XX Century (prioritizing the decades of 1980 and 1990) and the beginning of the XXI Century is the object of research investigated in this dissertation elaborated for the Applied Social Sciences Master Program from Ponta Grossa State University. This study brings, in the first chapter, the contextualization of historical events occurred in the decades of 1980 and 1990 and its repercussion in the contemporary Brazilian family. The second chapter, from the retro historical contextualization, the legislative trajectory of the Law, applied to the Brazilian family was investigated. The articulation of the theoretical elements of the Law and the forensic practice is brought in the third chapter. To do so, a quantitative survey of the decisions engraved by the Court of Justice of Parana State was made. And besides this, interviews with operators of the Laws, who operate in the Family Jurisdiction of the Judicial district of Ponta Grossa, whose analysis discusses the social function of the Contemporary Brazilian family, what it is understood for, if there is recognition of this and who it emerges in the forensic practice, was also carried out. The fourth chapter deals with the category “social function of the family”, identifying, in an inter disciplinal perspective, the functions played by the contemporary Brazilian family and which, amongst these, can be qualified as “social”. Delimited this category, it is verified how the respective recognition by the law is showed, by the jurisprudence (from the complete analysis of sentences pronounced by the cameras specialized in family) and by the Law operators, evidencing that only indirectly the alluded function permeates the concerning activities to such legal areas.