O PRINCÍPIO DA CONVIVÊNCIA FAMILIAR COMO DIREITO FUNDAMENTAL PARA A CRIANÇA E O ADOLESCENTE

Abstract

Human relations evolve as society evolves, so interrelationships within the family also evolve and gain relevant aspect in the formation of the individual. In this context, the present study aims to study the principle of family coexistence as a fundamental right for children and adolescents, as well as investigate the conceptualization of fundamental rights and constitutional principles, to understand the normative force of principles and how the application of the principle of coexistence has been applied in Brazilian jurisprudence today. To do so, the research, which has an exploratory nature, was carried out by means of a bibliographical survey of the subject, gathering information and, later, giving them qualitative treatment, interpreting them. Based on the data collected, it was possible to understand that children and adolescents, with the Constitution of 1988, became people of rights, and the principles are used as an interpretative factor to the rules. Also, it was understood that the principle of family coexistence can be relativized in relation to protective measures for the child and to the fundamental rights that face it. Finally, through the study it was possible to understand that the family is an instrument of advanced protection of the human person, and that family coexistence must be guaranteed fundamentally to the child and the adolescent as a form of its full development.