Análise acerca da liberdade individual versus a convivência familiar

This paper aims to analyze the rights to individual freedom and family companionship, despite a possible collision of rights if parents desire not to have contact with the child. The hypothesis to be studied is if there really is a collision of fundamental rights against the general protection of personality rights and the limits between those rights. To this end, the present study used the hypothetical-deductive method, based on a bibliographical review that, through the material collected, intended to understand the values of the Federal Constitution of 1988 and its protection of children and adolescents. Therefore, it is concluded that nowadays the relevance of family companionship for the development and growth of the child is undeniable. Therefore, parents have a legal duty to guarantee and enforce children's rights, so there is no dispute in this area. Thus, there is just a simple apparent collision of rights and not a real collision, because the right to individual freedom does not embrace this factual and legal situation

Humanities · Political science · Brazilian Legal Issues · Philosophy · Public Health in Brazil · Social and Political Issues