A racionalização da intervenção estatal no direito de família

Abstract

The Federal Constitution of 1988, symbol of the redemocratization of Brazil, and the Civil Code of 2002, extended the protection role to the families. It was advanced in the idea that the family was only that constituted by marriage to equate and protect the most diverse forms of contemporary families. A new age for family law began, where the constituent established a new commitment with Brazilian society and its base: the family. Prioritizing the principles of human dignity and substantial equality, among others, the family view had been re-signified. We pass through the rupture of the structural, patriarchal, patrimonial and matrimonialized model, in order to achieve the protection of affection, where the family is the cradle of the development of the personality of each individual. In this sense, it is necessary to reflect on the role of the State in this new conception of family and the new types of family that the law has been dealing with in recent years.