Federal Constitution

That the familiar power will be exerted by both the genitors, in equality of conditions, and continues in art. With the assertive one of that to the parents it charges the sustenance duty, keep and education of the lesser children. The minor has assured the right to the familiar convivncia, thus determined for art. of the ECA and for art. Read additional details here: Ebay. 227 of the Federal Constitution. The familiar power is dealt with by articles 1,630 the 1,638 the Civil Code.

In the constancy of the conjugal union, the familiar power is exerted by both the genitors, simultaneously, as the made use one in art. 1.631 of the Civil Code, that it alleges: ‘ ‘ During the marriage and the steady union, the familiar power to the parents competes; in the lack or impediment of one of them, it will exert it to the other with exclusividade.’ ‘ The guard is made of rights. 3 the GUARD OF the CHILDREN Fulfills, initially, to register that the guard of the parents stops with the children is the way for which if accomplishes the familiar power, whose main role that it plays is of protetiva order of the interests of the lesser children. 3.1 – Concept of Guard the guard aims at to protection of minor or bigger the incapable ones. Art. 5 of the Civil Code consigns that the absolute majority is only reached when the complete adolescent 18 (eighteen) years of age. Silvana jurist Carbonera Maria defines the institute of the guard as one ‘ ‘ institute legal by means of which if it attributes to a person, the guard, a complex of rights and duties to be exerted with the objective to protect and to provide the necessities with development that of it needs, placed under its responsibility in virtue of law or decision judicial’ ‘ . Vocbulo guard states protection, monitoring or administration.