As consequências jurídicas do descumprimento dos deveres derivados do poder familiar perante o paradigma do Direito Civil Constitucional

Abstract

This paper aims to carry out a critical and reflective analysis of the sanctions elected by brazilian law against the noncompliance, by parents, of duties inherent to their position in the family arrangement. To do so, the research explores fundamental concepts to the characterization of the current parent and children dynamics, such as “family” and “parental authority”, using as a parameter axiological changes that fall onto family law, especially after the promulgation of the Federal Constitution in 1988, diving into private liability, suspension and extinction of the parental authority, and relevant penal sanctions. In conclusion, it aims to demonstrate, in the context of government intervention in family matters between parents and their children, the value of a preventive agenda and a jurisdictional activity mindful of the peculiarities of each case, such as focused on the concretization of children and teenagers fundamental rights as vulnerable subjects in the family environment.