Do suporte fático ao suporte constitucional como fundamento para o desvelar biotecnológico das famílias contemporâneas: os contratos de co-parentalidade nas famílias design entre a estirpe tradicional e a façanha internética

Abstract

The present doctorate thesis focuses on the study of what it’s known as “families design" which is the unveil of what´s called biotechnological family,thatis currentlyplaced between the lineage of tradition and the feat of internet.As a general objective of the thesis, it’s sought to reconstruct the meaning of the institute of contract and family in the Brazilian renewed model, based on a new hermeneutical sense to certain legal categories, so that the new reading for the concept of family is formulated starting from an ontological proposition, which considers an existential disclosure to the pillars of a Constitutionalized Civil Law. The doctorate thesis is developedaccording toa phenomenological-hermeneutic method, in which the individual (the researcher) is directly implicated, therefore, the person is related to the object of study, which interacts, and suffers the consequences of its results (its discoveries and potentialities). In the development of the thesis’s first chapter, it is sought to comprehend on how did person and assetsbecame the pillars of the structuring of the Classical Brazilian Civil Law, until its paradigmatic transformation noticed from the repersonalizing turn of the Brazilian Constitution of 1988. In the second chapter, the focus is on re-reading the Civil Law and how it will be able to respond to the challenges posed by the biotechnological advances.In the third and final thesis’s chapter, it is proposed the debate of biotech families as a contractual model or a family model. As a result of the research, its found a juridical notion of affectivity for Family Law, in which is permeated by a common theoretical sense of the jurists, already surpassed by the meta-theory of Fraternal Law, so that family ties must be protected by Civil Law, independently of the presence of affectivity, as is the case of the biotechnological family, whose support is found in the Constitution of the Federative Republic of Brazil in 1988, which requires the protection of the family, without using adjectives such as affectivity. Whether from an affective bond as developed in civilian doctrine, or in a virtualized, technological bond, the family is a grouping that does not admit being sealed in a conceptual drawer by Law.