MULTIPARENTALITY AND THE EFFECTIVENESS OF THE RIGHT OF PERSONALITY TO FOOD:
DOI:
https://doi.org/10.21527/2176-6622.2020.54.246-259Keywords:
Multiparenting; Foods; Effectiveness; STF and RExt 898.060.Abstract
The Federal Constitution came not only to inaugurate a new constitutional one, but to attribute to the dignity of the human person the function of radiating its effects to the entire legal system, including to the private relations, until then guided by patrimonialism. In the scope of Family Law, it was no different: the traditional family model, resulting from marriage, gave way to new family configurations, in which multiparenting became a reality, requiring judges to interpret beyond the rules. Within this perspective, affection becomes an essential element, so that the socio-affective affiliation starts to have preponderance to the purely biological criterion, admitting the concomitant existence of the bloody father / mother with the affective, resulting in the doctrinal and jurisprudential debate regarding the equity effects of this relationship. In this bias, this study will be dedicated to analyzing, specifically, based on the principles of human dignity, solidarity, affection and responsible parenting, the food institute, here considering as a right of the personality, pointing out the controversies, the practical implications and effectiveness, in order to understand how food can be protected in this new formatting of family members without incurring legal uncertainty and undue enrichment. For this purpose, the deductive method, theoretical research and decision analysis methodology will be used, especially the emblematic judgment of the Supreme Federal Court (STF) in the Extraordinary Appeal (RExt) 898.060 for having settled the debate on pluriparenting, without, however, having entered into the analysis of the limits, scope and, above all, the legal impacts in other institutes.
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