Banca de DEFESA: MARCELO HENRIQUE GONÇALVES RIVERA MOREIRA SANTOS

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : MARCELO HENRIQUE GONÇALVES RIVERA MOREIRA SANTOS
DATE: 12/05/2025
TIME: 15:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_YmUxNDZjNTItN2Y3Mi00ZGMyLWFmM2EtOTI1NGE5N2Q2Z
TITLE:

Family Power, Custody, and Visitation Rules: Simplicity for the Benefit of Children and Adolescents

KEY WORDS:

Parental Authority. Shared Custody. Best interest of the children principle

PAGES: 222
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This thesis examines the relationship between the institutes of family power, custody, and visitation rules within Brazilian Family Law, proposing a conceptual and normative simplification that prioritizes the best interests of children and adolescents amidst a context of social and familial transformations. Adopting a historical-juridical and bibliographic approach, the study traces the evolution of family power from the patriarchal model of "paternal power" to its contemporary configuration, emphasizing its transition to a new nomenclature in the Brazilian legal framework: "parental authority," with a focus on the comprehensive protection of children, as influenced by the Statute of the Child and Adolescent (ECA) and the Civil Code of 2002. The research problematizes the persistence of the legal institute of custody, highlighting the low practical adoption of shared custody—only 37.79% of cases in 2022, according to IBGE data, despite Law No. 13,058/2014—and the conceptual confusion surrounding it. It argues that custody, whether unilateral or shared, adds no legal value beyond what family power already ensures, perpetuating litigation and stigmas, such as that of the "non-custodial parent," without effectively promoting parental co-responsibility. The central hypothesis suggests the absorption of custody into family power, reframed as "parental authority," to simplify the legal system and enhance child well-being and equality between parents. The benefits of this legal simplification include strengthened affective bonds, reduced judicial conflicts, and the deconstruction of traditional gender roles, aligning with the demands of contemporary families. In this context, guardianship is presented as an effective alternative in the absence of parents, ensuring protection without undermining the proposal. It is concluded that such restructuring, inspired by precedents like Constitutional Amendment No. 66/2010, could realign Family Law with simplicity and functionality, requiring legislative revisions and future empirical studies.

COMMITTEE MEMBERS:
Externo à Instituição - ANGELO GAMBA PRATA DE CARVALHO - OUTROS
Externo à Instituição - CARLOS EDUARDO ELIAS DE OLIVEIRA - IDP
Externo à Instituição - EDUARDO TOMASEVICIUS FILHO - USP
Presidente - 1012528 - JOAO COSTA RIBEIRO NETO
Interno - 1549538 - OTHON DE AZEVEDO LOPES