Programa Pai Presente : uma análise sociojurídica do direito ao devido estado de filiação e a paternidade responsável

Abstract

Based on the principle of the dignity of the human beeing, the progressive conquest of a wide range of personality rights has resulted in the incorporation of laws and treatys that conform, among others, the right to a proper appointment and the exercise responsible parenthood capable of effectively generating a socio-affective bond. In Brazil, this international and modern process soon began to take effect, which is why the country's legislation was shaping this new socio-juridical reality, the summit of which occurred with the promulgation of the Federal Constitution of 1988, defined as the Constitution Citizen. In this way, the Constitution of 1988 managed to suppress the difference between the species of affiliation, as it is possible to verify in the respective art. 227, paragraph 6, where it establishes that there will be equality of the children whether or not there is a relation of marriage, even the child coming from adoption, being strictly prohibited any form of discrimination as regards their membership. Therefore, it is necessary to understand that with such an event, it is a great progress for the Brazilian country law, because it respects all children born or not of marriage, and their rights are equal. Thus, the present dissertation has the ability to demonstrate how great the advances were due to the right of filiation and the obligation to identify paternity, especially in reference of the creation of the Present Father Program, by the National Council of Justice.