Coparentalidade: admissibilidade e conteúdo no Direito brasileiro

Abstract

The present study aimed to analyze coparenting. In the constitutional scope, the principle of the dignity of the human person is consecrated, bringing its centrality to the legal system and, as a consequence, the freedom of choice of the individual to decide how he will form his family. Free family planning, understood as an individual right, can be exercised regardless of conjugality, finding limits in responsible parenthood and in the human dignity of those involved and of the unborn child. The principle of the best interest of the child and the teenager depends on the observance of the duties inherent to the exercise of responsible parenthood and not of conjugality. There is considered to be a parental family arising from the paternal-maternal-filial bond, which may be biparental or multiparental. It was concluded that co-parenting agreements are legal business, whose protection must take into consideration the preeminence of existential legal situations over patrimonial ones. The methodology of civil-constitutional law was adopted and the bibliographical research on the theme was used.