Princípio dispositivo e princípio do melhor interesse do menor: uma análise processual da multiparentalidade

Abstract

With the family arrangements that disentangle the nuclear pattern that has gained visibility and insertion, the need for a closer look of the Right is born before the children brought by these new family arrangements. Accompanying these transformations, the present study presents a balance between the principles of Family Law and Civil Procedural Law, with the purpose of making an analysis of multiparentality, socio-affective parenting and the obligation of food before the civil process. In this way, by means of the inductive method, it is sought to understand if the judge can, by ex officio, arbitrate the payment of food for both parents (socio-affective and biological), when only one parent is requested, thus mitigating , the device principle. It is based on a principiological analysis and on the characteristics of the obligation of food and the action of food, as well as for the intervention and participation of the Public Prosecutor in the family processes - especially with regard to the food processes -, until arriving at the most of family judgments.