Intervenção do Ministério Público nas ações de separação e divórcio: uma releitura sob a perspectiva do direito de família mínimo.

Abstract

The 1988 Brazilian Constitution brought to light a rich debate about the role of Prosecution, and the institution assumed the task of defending the collective rights and individual unavailable rights. The Lex Fundamentalis also elected the principle of human dignity as the center of the legal system. In the field of Family Law, it reinforced the trend of distancing of the State in typically private issues. Based on the new ministerial profile determined by the Constitutional Charter and the notion of private autonomy applicable to Civil Law and the Law of Families, this study aims to reflect on the legitimacy of the prosecutors interference in the deeds of separation and divorce, especially in cases involving litigation. As so, it is intended to examine whether the protection of the family is reason enough to justify state intervention in such a private context.