Provisional Compliance With the Judgment Handed Down in Action of Removal of Family Power

Abstract

Objectives: The research aims to analyze the possibility of placing the child or adolescent welcomed in a surrogate family, in the case of an injunction that suspends the family power or a sentence not yet finalized that extinguishes that power. In order to reach this objective, the evolution through which the family institution has passed, the institution of provisional compliance with a decision or sentence, the suspension and extinction of family power, from the point of view of personality rights, especially familiar coexistence will be analyzed. Methodology: Through the hypothetical-deductive method, with research in the doctrine and jurisprudence, it will be verified that the placement of the child or adolescent in a new familiar nucleus, when its legal situation has not yet been defined, effectively meets the right to family life and above all the principle of human dignity. Results: It will be concluded that, in addition to not finding an obstacle in the technical procedural aspect, the measure is appropriate to combat the negative effects of institutional fostering, in addition to meeting the best interests of the child and adolescent, thus effecting the right to family life.