Full text
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| Author(s): |
Camila Fernanda Pinsinato Colucci
Total Authors: 1
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| Document type: | Master's Dissertation |
| Press: | São Paulo. |
| Institution: | Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD) |
| Defense date: | 2014-05-21 |
| Examining board members: |
Eduardo Tomasevicius Filho;
Maria Cristina da Silva Carmignani;
Christiano Cassettari
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| Advisor: | Eduardo Tomasevicius Filho |
| Abstract | |
This research aimed to study the principle of the best interest of the child, both in theory and in practice, in an attempt to conclude whether it is possible or not to adopt predetermined criteria to be followed in making decisions on issues involving children and adolescents. In the first part, theoretical, the content of the best interest was studied, as well as the possibility of understanding it as a rule of interpretation, fundamental right or principle. The second part, practical, sought to analyze how the courts have been deciding issues involving the best interest. In doing so, some institutes were selected (guardianship, adoption, anonymous childbirth, visits and education). The analysis of the guardianship passed by differentiating between placement in foster family and its assignment to one of the parents in case of separation. The possibility of assigning it to a third person and the imposition of shared custody were discussed. The visitation rights in case when the custody has been awarded to only one parent was studied. The research was extended to the hypothesis of granting this right to friends, stepfathers, stepmothers and godfathers or godmothers. The research studied Brazilian, intuitu personae and international adoptions, as well as the possibility of adoption by homosexual couples. Although non-existing under Brazilian law, the anonymous childbirth was analyzed to observe if it is viable and needed in our system. Finally, the right of education was studied, and aspects such as the possibility of homeschooling, transportation of children to their schools and the requiring of vacancies in childcare facilities were highlighted. (AU) | |
| FAPESP's process: | 11/03168-4 - The principle of the best interest of the child: theoretical construction and practical usage in Brazilian law |
| Grantee: | Camila Fernanda Pinsinato Colucci |
| Support Opportunities: | Scholarships in Brazil - Master |