CONTEMPORARY BRAZILIAN FAMILIES IN THE PERSPECTIVE OF THE CONSTITUTIONAL PRINCIPLE OF SOLIDARITY: BREAKING THE INDIVIDUAL, PATRIMONIAL AND PATRIARCHAL PARADIGM THAT EXISTED UNTIL THE 1988 FEDERAL CONSTITUTION

Authors

  • Roger Wiliam Bertolo
  • Jorge Renato dos Reis

Abstract

This article analyzes the changes that have taken place in contemporary family relationships since the 1988 Federal Constitution, with the aim of answering whether the Constitutional Principle of Solidarity has contributed to breaking down the paradigms of individualism, patrimonialism and patriarchy, which are strongly present and marked as the founding characteristics of these entities. In order to do this, it seeks initially to historicize the evolution of Brazilian family relations up until the 1988 Federal Constitution, then to identify the main principle matrices that this constitutional charter brought, especially those that directly influence contemporary families and, finally, to compare the old and current conceptions of these entities, observing what paradigmatic changes have occurred and how the Constitutional Principle of Solidarity has contributed to these changes. The hypothetical-deductive method was adopted, using the bibliographical research technique to analyze, preferably, the legislation and doctrine relating to the issues in question. In closing, it was concluded that the Constitutional Principle of Solidarity, as an instrument in the pursuit of the dignity of the human person, served as a mainstay in the paradigm shift that occurred in family relations, since it aims to make society freer and fairer, denoting the interdependence of all – citizens and State - with each other, which is even more evident in the context of families and their components.

Published

2024-08-06