scholarly journals A Família e o Reconhecimento de Paternidade Socioafetiva no Ordenamento Jurídico Brasileiro

2021 ◽  
Vol 22 (1) ◽  
pp. 12-18
Author(s):  
Juliana Isabele Gomes Probst ◽  
Vitor Ferreira de Campos
Keyword(s):  
Family Law ◽  
Nuclear Family ◽  
Theory And Practice ◽  
Economic Relations ◽  
New Family ◽  
The Social ◽  
Depth Analysis ◽  
The Family ◽  
Theoretical Conception ◽  
The Subject

ResumoEntre os destaques relacionados ao Direito de Família se encontra, em sua própria titulação, o cerne de todas as discussões dessa decorrentes: a concepção de família. Como uma das ramificações dessa concepção, fruto da nova interpretação sobre o conceito de família, a filiação deixou de ter relação apenas com a consanguinidade, mas adentrou ao âmago das relações sociais de afeto. Compreender a evolução do conceito de família nuclear, suas novas estruturações na contemporaneidade, o conceito de socioafetividade e sua composição no ordenamento jurídico brasileiro é exordio para a apreensão da concepção teórica do Direito de Família em sentido macro, exigindo uma análise aprofundada das transformações decorrentes das vicissitudes do cenário global constituinte das relações e manifestações sociais, geopolíticas e econômicas, bem como um estudo comparado entre teoria e prática. Por meio da pesquisa qualitativa bibliográfica é possível analisar o Direito de Família, sobretudo, no que tange ao reconhecimento de paternidade socioafetiva, tendo por base julgados e legislações contemporâneas, trazendo segurança jurídica na adoção desta prática interpretativa do Direito, que ainda causa dúvidas e controvérsias ideológicas, as quais nos últimos anos têm sido alvo de debates, de reflexões, de avanços e de retrocessos, como todo bom processo de evolução na sociedade. Palavras-chave: Paternidade Socioafetiva. Direito de Família. Conceito de Família. AbstractAmong the highlights related to Family Law, there is in its own title the heart of all discussions arising from it: the family concept. As one of the ramifications of this conception, the result of the new family concept interpretation, affiliation is no longer related only to consanguinity, but has entered the heart of social relationships of affection. Understanding the evolution of the nuclear family concept, its new structures in contemporary times, the socio-affectivity concept and its composition in the Brazilian legal system, is a requirement for understanding the theoretical conception of Family Law in a macro sense, requiring an in-depth analysis of the transformations arising out of the vicissitudes of the global scenario constituting the social, geopolitical and economic relations and manifestations, as well as a comparative study between theory and practice. Through qualitative bibliographic research, it is possible to analyze Family Law, especially regarding the recognition of socio-affective paternity, based on contemporary judgments and legislation, bringing legal certainty in the adoption of this interpretative Law practice, which still causes doubts and ideological controversies, which in recent years has been the subject of debates, reflections, advances and setbacks, like any good evolution process in the society. Keywords: Socio-Affective Fatherhood. Family Right. Family Concept.

Family Justice, “Asian Values” and the Politics of Ambivalence in Singapore

2018 ◽  
Vol 46 (4-5) ◽  
pp. 467-483
Author(s):  
Daniel P.S. Goh
Keyword(s):  
Nuclear Family ◽  
Family Values ◽  
Policy Changes ◽  
Asian Values ◽  
Related Family ◽  
New Family ◽  
Rights Of The Child ◽  
The Family ◽  
Family Types ◽  
Discursive Field

Abstract In recent years, Singapore made significant reforms towards the establishment of a dedicated family justice system, setting up the Family Justice Courts and enacting new laws to better manage the divorce process and the protection of children. Related policy changes have also been implemented to provide and support families that were previously considered non-traditional and even deviant. Rhetorically, the state, led by the long-ruling People’s Action Party, continues to champion the modern nuclear family with heterosexual marriage at its core as the normal “traditional” form of the family and the bedrock of conservative “Asian values” defining society and politics in Singapore. However, what the judiciary espouse as the new family justice paradigm and the related family justice practices, together with the shifts in social policy towards different family types, are changing the texture of the dominant conservatism rallied by “Asian values” discourse. This article locates and analyses the incipient paradigm shift in the rising pluralism of family forms and the influence of international legal developments in protecting the rights of the child and interventionist family law. By attempting to bridge the Weberian chasm of doing sociology as a vocation and doing politics as a vocation (as an opposition Member of Parliament), I show that the family justice paradigm has opened up the discursive field on the family and produce the politics of ambivalence caught between family justice and Asian family values. I argue for a relational family justice paradigm as a way to move beyond the politics of ambivalence.

scholarly journals FAMILIES, GENERATIONS AND INTERGERACIONALITY IN NET MODERNITY

2020 ◽  
Vol 8 (9) ◽  
pp. 321-330
Author(s):  
Camila Kuhn Vieira ◽  
Carine Nascimento da Silva ◽  
Ana Luisa Moser Keitel ◽  
Adriana da Silva Silveira ◽  
Solange Beatriz Billig Garces ◽  
...  
Keyword(s):  
19Th Century ◽  
Social Issues ◽  
Nuclear Family ◽  
Social Institutions ◽  
Social Institution ◽  
Economic Changes ◽  
Traditional Family ◽  
The Social ◽  
The Family ◽  
The 19Th Century

We are experiencing a period of accelerated socio-cultural, political and economic changes that are reflected in practically all social institutions, including the family. This is a secular social institution, which reflects the evolution of society. There is still resistance to “idealizing” the family as the “sphere of care and love”. However, it is known that the traditional family of the 19th century gave way to the nuclear family and that, at the same time, it gives way to families with different backgrounds. Also noteworthy are the transformations that occur in complex and liquid society, as highlighted by authors such as Morin and Bauman. In this sense, these transformations also occur in the social institutions that compose it, among them the family nuclei and other social spaces where different generations are inserted, especially with the increasing presence of elderly people. Therefore, with so many important social issues involved in these relationships (society-family-aging and intergenerationality), these reflections are considered to be extremely relevant.

scholarly journals SOCIAL NEUROCOGNITIVE ANALYSIS ON THE FAMILY ROLE IN FORMING A LESBIAN MINDSET

2020 ◽  
Vol 8 (1) ◽  
pp. 316-326
Author(s):  
Ambar Sulianti ◽  
Jamilah Laela Apriyani ◽  
Dadang Sahroni ◽  
Wida Adila ◽  
Yiyin Karlina ◽  
...  
Keyword(s):  
Sexual Orientation ◽  
Interpretative Phenomenological Analysis ◽  
Family Role ◽  
Research Subjects ◽  
The Social ◽  
The Family ◽  
Lesbian Community ◽  
The Subject ◽  
Close Family

Motivation/Background: The formation of a lesbian mindset does not happen immediately. This study aims to explore the process of family roles experienced by research subjects who have a lesbian sexual orientation even though it is not accordance with their religion. Method: The research method used was a qualitative research of phenomenology in two subjects who had lived lesbian sexual orientation for more than 2 years with different backgrounds. Interpretative Phenomenological Analysis was conducted to analyze the role of the family as a model, how the subject perceives the stimulus, direct or indirect environmental contributions, and how close family experiences form a lesbian mindset about the subject. Results: The results of this study indicate the subject "I" had a model of his father's behavior and reinforces the general perception of his mother that men had bad behavior. The social Environment made the subject felt ostracized and entered the domain of the lesbian community who can accept the subject with the circumstances as she was without much demand. A female friend in this environment became modes and informants experienced being lesbian. Meanwhile, "R" was growing psychologically with a style of parenting that is too spoiled by her mother and got a model and informants experienced from her older sister. Conclusions: Both subjects get different experiences in the process of forming a lesbian mindset. From a neurocognitive social perspective, the formation of a lesbian mindset is very complex. Neurocognitive response of the experience of getting too many rough touches or too long getting a hug of comfort, both can trigger perceptions that supported by the environment will form a lesbian mindset.

Bulgarian Ritual Kinship (Kumstvo)

2017 ◽  
Vol 43 (1) ◽  
pp. 72-87
Author(s):  
Petko Hristov
Keyword(s):  
Social Networks ◽  
Symbolic Capital ◽  
Gift Exchange ◽  
The Balkans ◽  
New Family ◽  
The Reformation ◽  
The Family ◽  
Kinship Relations ◽  
The Subject ◽  
New Generation

Among the Orthodox Christians on the Balkans, the rituals of Christian baptism and marriage traditionally give rise to ritual kinship relationships, not only among individuals but also among family groups that were until then unrelated. Only among Bulgarians, Serbians, and Macedonians, these relationships are carried on hereditarily and are constructed according to the patrilineal kinship model. The godfather’s role ( kumstvo) is inherited as symbolic capital by the family-kin groups of both the godparents and the godchildren. These are relations of symbolic inequality and have a ritual character: both the calendar feast cycle and the lifecycle rituals are marked by symbolic rights and obligations, which are still observed until the present day in most Bulgarian families, for example, mandatory gift exchange. The belief in the power of the godparent’s curse is still alive today in a number of regions in Bulgaria. On the other hand, the godparent tradition among Bulgarians acquired new meaning and new dimensions during the decades of socialism and postsocialist transition. During the last two or three decades, the godparent relationship has become a way of building new social networks, often of a clientelist nature. More and more often, ritual kinship relations are used for benefits and hierarchical ascent, similarly to nepotism. This process leads to the reformation of social networks—it still functions as social capital, but to each new generation. Every new family chooses different godparents, thus creating new social networks. Research about godparent relations among Bulgarians and, more generally, on the Balkans, is based on both existing studies on the subject and on the author’s personal fieldwork research in Bulgaria.

Same-Sex Relationships

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
Family Law ◽  
Same Sex ◽  
Marriage And Family ◽  
Same Sex Marriage ◽  
The Social ◽  
The Family ◽  
Traditional Marriage ◽  
The Right ◽  
Constitutional Analysis

This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never contemplated to one in which, depending on the state, it is either expressly authorized or expressly prohibited. Same-sex marriage has posed—and continues to pose—a challenge to traditional definitions of marriage and family. But, more importantly, the issue implies broader changes in family law—the increasing role of constitutional analysis; limits on the right of government to regulate the family; and the clash between the traditional family form and a new and wider menu of intimate and household arrangements, and all this against the background of the rise of a stronger form of individualism.

Women, Islam, and the Moroccan State: The Struggle over the Personal Status Law

2005 ◽  
Vol 59 (3) ◽  
pp. 393-410 ◽  
Author(s):  
Bruce Maddy-Weitzman
Keyword(s):  
Family Law ◽  
Women's Groups ◽  
New Family ◽  
Women’S Groups ◽  
Political Forces ◽  
Personal Status ◽  
The Status ◽  
The Subject ◽  
Status Code ◽  
Status Of Women

Since 1991, the status of women in Morocco has been the subject of widespread debate. Efforts by women's groups and liberal political forces to change the Shari'a-based Personal Status Code (moudawwana), were vigorously opposed by conservative and Islamist forces. For both sides, the issue was central to their overall orientations towards “tradition” and “modernity”. King Muhammad VI ultimately tipped the balance in favor of change. The resulting new Family Law may well mark a milestone in Moroccan society's evolution.

Analytic taxonomy and notes on marine, brackish-water and estuarine Gastrotricha

Zootaxa ◽  
2010 ◽  
Vol 2392 (1) ◽  
pp. 1 ◽  
Author(s):  
WILLIAM D. HUMMON ◽  
M. ANTONIO TODARO
Keyword(s):  
Taxonomic Status ◽  
Species Group ◽  
Zoological Nomenclature ◽  
New Name ◽  
New Family ◽  
Analytic Review ◽  
The Family ◽  
Species Inquirenda ◽  
The Subject ◽  
Species Inquirendae

Marine Gastrotricha, both Macrodasyida and Chaetonotida, are the subject of an analytic review, citing taxonomic status of names, authorships of taxa, and those responsible for changes, in accordance with the International Code of Zoological Nomenclature, 4 th ed. (1999). Notes are included with regard to taxonomic usage so as to guide workers in the future. Among the proposed novelties are: within Macrodasyida, to restrict the family Lepidodasyidae Remane, 1927 to the genus Lepidodasys Remane, 1926, and to establish a new family, Cephalodasyidae with Cephalodasys Remane, 1926 as its type-species to house the remaining genera and species that have been contained in the polyphyletic family Lepidodasyidae. Hemidasys agaso Claparède, 1867 is considered extinct, and the new name Tetranchyroderma antenniphorum is proposed for Tetranchyroderma antennatum Luporini, Magagnini & Tongiorgi, 1973; in addition, five species are here considered to be species inquirendae: Dactylopodola weilli d'Hondt, 1965, Paradasys nipponensis Sudzuki, 1976, Macrodasys indicus Kutty & Nair, 1969. Tetranchyroderma forceps d’Hondt & Balsamo, 2009 and Turbanella plana (Giard, 1904b). Among Chaetonotida: the Xenotrichula velox-species group Ruppert, 1979 and the Xenotrichula intermedia-species group Ruppert, 1979 were given each the rank of subgenus. Chaetonotus pleuracanthus Remane, 1926 is rejected as a synonym for Chaetonotus marinus Giard, 1904; Chaetonotus somniculosus Mock, 1979 is transferred to the genus Halichaetonotus, the new name Halichaetonotus euromarinus is proposed for Halichaetonotus spinosus Mock, 1979, and Xenotrichula carolinensis Ruppert, 1979 is re-established. Heteroxenotrichula variocirrata d'Hondt, 1966 is here considered to be species inquirenda.

Family Law 2018

2018 ◽  
Author(s):  
Jane Sendall
Keyword(s):  
Child Support ◽  
Family Law ◽  
Public Funding ◽  
Civil Partnership ◽  
Complex Processes ◽  
The Family ◽  
The Subject ◽  
Self Test ◽  
Relationship Breakdown ◽  
First Interview

Family Law takes a highly practical, student-centred approach to the essential law and procedure at the heart of family law. Providing a comprehensive guide to the subject, it focuses on relationship breakdown, money and property, children, and domestic abuse. A concise writing style and short chapters ensure focused learning, while chapter summaries and self-test questions help students to consolidate their knowledge and identify areas for further study. Throughout the book case studies and examples are used, demonstrating how family law applies in practice and helping to prepare students for their future careers. The book also features diagrams and flowcharts throughout, helping to improve understanding of complex processes or areas of difficulty. Topics that are covered include: family law practice and the first interview; public funding; alternative dispute resolution in family law; judicial separation and nullity; divorce; defences to divorce; jurisdiction; procedure for a matrimonial order; the Civil Partnership Act 2004; dissolution of a civil partnership; financial orders following divorce or dissolution; financial orders; pre-marital agreements; procedure for financial orders; variation, collection, and enforcement of financial orders; protecting assets and the family home in financial order proceedings; separation and maintenance agreements; child support; pensions in financial proceedings; and taxation in family law.

scholarly journals Nuevos horizontes familiares: Una reflexión en la formación inicial del profesorado

2018 ◽  
Vol 22 (1) ◽  
pp. 159-176
Author(s):  
Ana Abril ◽  
Matilde Peinado
Keyword(s):  
Critical Analysis ◽  
Family Tree ◽  
Family Structures ◽  
Childhood Education ◽  
Family Diversity ◽  
New Family ◽  
Infant School ◽  
The Family ◽  
The Subject ◽  
Spanish Legislation

Resumen:La sociedad actual ha transformado la estructura familiar; las familias diversas (monoparentales, ensambladas, homoparentales, etc.) ya no son la excepción. Aunque la legislación española atiende esta realidad, todavía no se aborda abiertamente en las aulas, como ocurre en otros países. La normalización de los nuevos modelos familiares debe de gestarse desde edades tempranas y el profesorado (en concreto su formación) es una pieza clave para garantizar el éxito. En este trabajo se presentan, en primer lugar, las ideas previas de los futuros profesores de Educación Infantil sobre la diversidad familiar. A continuación, se muestra el análisis crítico de los futuros docentes hacia dos instrumentos complementarios que favorecen el trabajo inclusivo: el árbol genealógico y el “familyme”. Por último, se discuten los resultados desde el punto de vista de la formación del profesorado y de una posible implementación en las aulas de infantil. Abstract:Modern society has transformed family structure. Diverse families are no longer the exception (single parents, homosexual parents, step families, etc.). Although Spanish legislation reflects this fact, it does not openly address it in the classroom as is the case in other countries. The standardisation of new family structures should be nurtured from a young age and teachers are a key element in guaranteeing that it is done successfully (especially through their training). Firstly, this study outlines the beliefs of future Early Childhood Education teachers on the subject of family diversity. The following critical analysis carried out by future teachers is set out regarding two complementary instruments which favour inclusive work: the family tree and the “familyme”. Lastly, results are discussed from a teacher training standpoint and from possible implementation within infant school classrooms.

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