A afetividade, a solidariedade e a dignidade da pessoa humana como tríade fundamentadora da configuração das relações familiares contemporâneas.

Abstract

The present work addresses the theme of family relations in contemporary constitutionalism, based on the triad of affectivity, solidarity and the dignity of the human person, with the objective of verifying whether this triad is enough to support and legitimize current family arrangements. It therefore seeks to answer whether affectivity, when combined with the constitutional principles of solidarity and the dignity of the human person, is enough to guide the configuration of families today and serve as a basis for legitimizing contemporary family arrangements? The study uses the hypothetical-deductive method of approach, the historical-analytical method of procedure and the indirect research technique through bibliographic consultation. To this purpose, it starts from two possible hypotheses, one positive and the other negative, about the problem to be answered. The research is divided into three specific objectives, the first is to trace the history of the legally protected concept of family in Brazilian law, from its origin to the context of contemporary constitutionalism; the second is to analyze the dignity of the human person as a determinant of affectivity and solidarity as foundations for the concept of the family in contemporary Brazilian constitutionalism; and the third is to identify, based on Brazilian doctrine and jurisprudence, contemporary families in the context of affectivity, solidarity and the dignity of the human person, and how this triad can serve as a support for the recognition of modern family arrangements. The theme discussed is in line with the area of concentration in Social Demands and Public Policies and with the line of research in Contemporary Constitutionalism, of the Postgraduate Program in Law - Master's and Doctorate at the University of Santa Cruz do Sul, since the current family characteristics reflect the paradigm shift that has occurred in these interpersonal relationships as a social and legal phenomenon that arose from the interpretation of the 1988 Federal Constitution. There is also a direct link between the topic and the research area of the advisor teacher, Dr Jorge Renato dos Reis, who is dedicated to studying the legal intersections between public law and private law with a view to realizing the dignity of the human person, using the constitutional principle of solidarity as a vector. The results achieved confirm the positive hypothesis that the triad formed by affectivity, the constitutional principle of solidarity and the constitutional principle of the dignity of the human person is capable of guiding the configuration of families today and serving as a basis for legitimizing modern family arrangements. This conclusion stems from the proposed division between “basic principles” and “guiding principles” relating to the constitutional provisions on family relationships, where those that form the triad offer a basic structure for the interpretation of contemporary family relationships as a “must-have”, ensuring in the first place that families are recognized for their ability to promote dignity, solidarity and affectivity, contributing to the inclusion and protection of several of these new arrangements today, aligning them with constitutional values. While the other principles must be geared towards other values and fundamental rights that are closely linked to families as a “must-be”.