Banca de DEFESA: DANIEL ROBSON LINHARES DE LIMA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : DANIEL ROBSON LINHARES DE LIMA
DATA : 27/06/2016
HORA: 10:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

THE FILIATION IN THE CONTEXT OF FUNDAMENTAL RIGHTS AND ITS PROTECTION BY THE PUBLIC PROSECUTOR'S OFFICE IN BRAZIL

PALAVRAS-CHAVES:

Filiation. Fundamental rights. Public Prosecutor's Office.

PÁGINAS: 178
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

The contemporary recognition of fundamental rights, raised to the centrality of the democratic legal universe is not limited to a predetermined static catalog, considering that every historical moment raises new perspectives to cover situations that did not previously presented a significant magnitude. In this context, in this dissertation, we investigate the right to filiation and its protection by the Public Prosecutor’s Office, aiming to situate the right to the status of childhood, according to the theory of fundamental rights, to assess to what extent the Prosecutor’s Office must act to ensure its implementation. Therefore, it adopts, predominantly, the deductive method, resorting to the technical literature in books, doctrinal articles and jurisprudential repertoire available in physical publications or sites on the World Wide Web.  The dissertation defines the concept of filiation, distinguishing it from the notion of genetic origin, examining also their own implicit fundamentality resulting from the regime and the principles adopted by the Constitution. Applying the constitutional hermeneutics forged in neoconstitutionalism times, new emplacements and solutions to legal disputes relating to the subject are built, closer to the constitutional objectives inaugurated in 1988, which significantly transformed the Family Law, constitutionalizing it in its structural aspects.  Thus, we analyze parenting in the context of homosexual couples; observe that there is a hodiernal constitutional tangency that we considerar erroneous in the treatment, legal and jurisprudential, of the defendant's refusal to submit to DNA testing; propose an interpretation according to the Constitution; and analyse the constitutional basis which restricts the ability to dispose of the filiation constituted by the affective relationship. We, also, study the Public Prosecutor’s Office’s role as the institution designed to the defend the democracy and social and individual inalienable rights, that has a significant role in achieving the fundamental right to filiation, involving children and adolescents. It is relevant to highlight internal differences regarding to the constitutional identity of the agency and even the doctrinal debate on the limits of its action, culminating in a study of its legitimacy, proposing to identify concrete activities aimed at protection of filiation status.

MEMBROS DA BANCA:
Interno - 020.405.919-40 - CRISTINA FORONI CONSANI - UFSC
Externo à Instituição - FRANCISCO SERÁPHICO DA NÓBREGA COUTINHO - ESMARN
Presidente - 1197589 - MARIA DOS REMEDIOS FONTES SILVA