A SOCIO-LEGAL ANALYSIS OF PARENTAL AUTHORITY FROM THE PERSPECTIVE OF BRAZILIAN PRIVATE LAW

Abstract

This work aims to analyze the institutions of parental authority, guardianship, and curatorship in the Brazilian legal system. Parental authority, understood as the set of attributions, rights, and duties concerning the holders of the family entity, enshrined in the 1988 Federal Constitution as the basis of society, enjoys special protection from the State. Regardless of the family arrangement established by the spouses, that is, stable union or marriage, the protection of minor children is imperative. The research problem consists of the difficulty in exercising parental authority in the current societal model, since family models have changed over the years and high divorce rates have led to difficulties regarding the interests of guardians and curators. The results obtained demonstrate an understanding of the institution of parental authority, particularly guardianship, enabling minors under guardianship to reach full legal capacity in adulthood. This is because reaching the age of majority fully authorizes individuals to perform legal acts. In exceptional cases, when the expression of will is impossible, the figure of the guardian or curator emerges to consent to those acts on behalf of the ward or person under guardianship, thus enabling acts in the civic sphere. In this context, the research methodology of this work was qualitative, that is, through bibliographic and documentary research, it seeks to analyze, understand, and propose solutions to the problem of parental authority in the current family context.