Perspectiva do direito civil e direito constitucional no moderno direito de família brasileiro

Abstract

This paper aims to discuss about the new models of filiation inside the contemporary family relations considered in all its forms and constitutions, bringing as consequences of such models, demonstrating the need and equality as well as recognition and suitable treatment for all, so that the enforcement of those rights and guarantees will effectively be enjoyed by them. In order to develop this purpose, the present research is supposed to bring an historical walk having as its final destination the current models, such as those not yet protected and appreciated by the legal order. After that, through static data, transformations of the families will be analyzed, and so the changes in behavior, as well as how this changes are accepted by the contemporary society, regarding new models of filiation in Brazilian Law. That taken into account, it will be possible to avoid the emergence of new conflicts that lead to violating fundamental guarantees, especially the dignity of the human person, in the analysis of the subsistence and mutual assistance among the members of the family nucleus. An isonomic treatment for the coming genres of filiation where the Law must always accompany the constant historical evolution is also sought in these days, adapting itself to the new casts of the society in search of a social justice