Uma releitura do princípio da proteção integral da criança à luz dos deveres parentais: famílias monoparentais pelo não registro civil da paternidade

Abstract

Based on the significant number of brazilian single-parent families associated with the number of children without their father's name in their civil registry, it can be observed that solitary motherhood, a reality imposed on many women, generates an inadequate concentration of parental duties that, constitutionally, are imputed to both parents. Despite the statistics and the peculiarities of this family model, the fact is that the infraconstitutional legislator has not yet addressed the issue, which leads to the legislative, doctrinal and jurisprudential deepening developed here. Considering, therefore, the idea of a democratic family, a study was made on the importance of the joint exercise of parental duties for the healthy development of the offspring and formation of their personality, in order to realize their dignity. In addition, an analysis was made of some decisions of higher courts on the subject, which automatically demonstrated the rectification of the civil registry and the provision of maintenance. However, it was observed that there is still no application of ideal legal consequences in the face of non-compliance with the duties of moral assistance, creation and education. In this tuning fork, exposing the whole problem, it is proposed the development of public awareness policies such as the participation of meetings or joint efforts developed by multidisciplinary teams and the use of the conflict resolution method known as the family systemic constellation, mainly in the judicial sphere.