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ID: <

oai:doaj.org/article:f8e943a1f6fb424dbc5909b6f719622d

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Notes on biological and socio-emotional parenthood: from modern civil law to contemporary civil law

Abstract

O Civil law of modernity has been linked to the classic paradigm using its fundamental characteristics as a basis for the whole system. Completeness, identification of the law with the law and legal methods identified with those of the hard sciences are characteristic of this period. The 1988 Constitution called for a paradigmatic change in Brazilian civil law, with the aim of overcoming the modern paradigm, with the constitutionalisation of relations, the attachment of individuals to fundamental rights and the plurality of normative sources. The methodology of speech analysis was used in the judgments of the Court of Justice of Rio Grande do Sul and the Court of Justice of Rio de Janeiro, using decisions on socio-affectivity such as the north and the ki-squares of Pearson for statistical analysis of the decisions of the High Court of Justice. As a result of this search, there is a need for the systematic implementation of contemporary theory of civil law.

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