Brazilian Family Law

Recommended Prerequisites

General Theory of Civil Law I and II.

Teaching Methods

In addition to the lectures and the tutorials, contact with the law in action Brazil will be promoted, through guest teachers and the study of case law, as well as the debate on issues relating to plural families and new forms of reproduction. Cinema and / or debate sessions with experts on topics of special complexity will be organized. The teaching will have a theoretical-dogmatic and practical-problematic component to it, and the evaluation will include the resolution of practical cases and one research paper.

Learning Outcomes

The main scope of Family Law in the 21st Century is the protection of children and vulnerable people in the context of promoting free personal development and aspiration to happiness in personal life. Special emphasis will be given to the Law of Minors, namely the establishment of parentage, adoption and child custody. Matrimonial matters, stable unions and other relationships will also be highlighted, with emphasis on the study of divorce and the various forms of separation and their effects, including the protection of children and other vulnerable persons, as well as guilt in the severing of the marital bond, the moral damage and food issues. Conversion into marriage and marriage invalidity will also be studied.

Work Placement(s)

No

Syllabus

I) Introduction and constitutional principles of Family Law;

II - The aspiration to personal happiness with the other: Family Law or Law of Families?

Marriage, stable union and other familial or parafamilial relationships.

Efefcts of Marriage. Personal effects. Patrimonial effects. Matrimonial property regimes.

Effects of de facto union.

The breakdown of family life: divorce and the other forms of separation. The protection of children. The moral damage.

III) Kinship.

IV) Parentage and acknowledgement of parentage. Biological criterion and affective criterion. Multiple parentage.

V) Child custody;

VI) Maintenance obligation;

VII) Guardianship and curatorship;

VIII) Adoption.

Assessment Methods

Assessment
Exam: 100.0%

Bibliography

Rosenvald, Nelson/ Chaves De Farias, Cristiano, Curso De Direito Civil - Famílias - Vol. 6 - 10ª Ed. 2018; LOBO; Paulo, Direito Civil - Famílias - Vol 5 - 9ª Ed. 2019; Dias, Maria Berenice, Manual de Direito das Famílias, Revista dos Tribunais,  12.ª Edição, 2018; Monteiro, Washington de Barros/ Silva, Regina Beatriz Tavares da, Curso de Direito Civil - Direito da Família, 43.ª Edição, Editora Saraiva, 2016. Farias, Cristiano Chaves de/ Netto, Felipe Braga/ Rosenvald, Nelson, Manual de Direito Civil, 2.ª edição, Editora JusPodium, 2018.