Açao declaratoria de relaáo avoenga: pedido juricamente possivel para garantia da dignidade da pessoa humana
The judicial recognition of the familial relationship grandfather-grandson is supported by the Constitutional Principle of Human Dignity, which encompasses personality rights, among which the first and last names, expressions of personal identity and family must take precedence over other rules or p...
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Format: | Article |
Language: | Portuguese |
Published: |
Editora Unesp
2010
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Subjects: | |
Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3997742 |
Source: | Revista de Estudos Jurídicos UNESP, ISSN 1414-3097, Nº. 20, 2010, pags. 1-16 |
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Summary: |
The judicial recognition of the familial relationship grandfather-grandson is
supported by the Constitutional Principle of Human Dignity, which encompasses
personality rights, among which the first and last names, expressions of personal
identity and family must take precedence over other rules or principles by themselves
dealing with general provision and support of the Brazilian State. The Civil Code, to
define the action of a paternity dispute is very personal, do not link the line of succession,
guaranteeing the redemption of its origins and history. Moreover, the
Constitutionalisation of Civil and reflection on the scope of Legal Positivism require
new reading of the Civil Code, shaping it to the constitutional principles. |
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