Federal Constitution

Giselda Novaes Hironaka, in article published in the Brazilian Institute of Family? IBDFAM, makes the following note: Most traditional of the models, of the marriage family, the one results accurately of that patriarcal conception of family that before it related, translating a familiar structure dominated by the man, under the yoke of who gravitavam all too much members, including the woman, whose monogamous virtue was kept, to a great extent, for force of this marital subjugation. How much to the administration of the goods of the lesser son, the related Statute, in art. 385, conferred to the father the right to the administration of its goods and in its absence it only is that he was granted this right to the mother. The alluded Statute, in elapsing of its existence, passed for strong modifications in result of movements for the search of equality between the children and the man and the woman in rights and duties in the conjugal society and the exercise of the native to be able. The Federal Constitution erected the subject of the equality to the category of the basic rights, when establishing, in art. 5, I, that ' ' men and women are equal in rights and obrigaes' ' e, when approaching more in detail the conjugal society, conferring isonmico treatment to them how much to the referring rights and duties to the conjugal society, in the terms foreseen for art. 226, 5. In research to Project of Law n 118/84, in the quantity of the Federal Senate, to fl. 1.992, we find an interesting exposition on family, whose text we transcribe: The family is not more grouping instituted for the marriage for order reasons politics, economic and religious, under the sovereign authority of a head. It has today as essence the affection of the members, without hierarchy between the spouses or conviventes and absolute equality between the children.