CHILDREN'S FAMILY LIFE WITH THEIR PATERNAL FAMILY: A FUNDAMENTAL RIGHT AND CHALLENGES FOR ITS IMPLEMENTATION IN THE BRAZILIAN LEGAL SYSTEM

Abstract

A child’s interaction with their paternal family constitutes a constitutionally protected fundamental right, intrinsically linked to the full emotional, social, and identity development of children and adolescents. This paper aims to analyze the legal foundations and practical challenges involved in ensuring the effective realization of this right within the Brazilian legal system, particularly in scenarios involving family conflict, marital dissolution, and parental alienation.The research is applied in nature, follows a qualitative approach, adopts a deductive method, and pursues a descriptive objective. It employs technical procedures such as bibliographic review, legislative analysis, and case law examination. The study begins by presenting the theoretical and normative aspects of family coexistence. It then explores the effects of the presence or absence of the paternal family in the child’s development, highlighting the emotional, social, and behavioral consequences of emotional exclusion. The legal implications of emotional abandonment and the available mechanisms for reparation are also examined. Finally, the paper proposes institutional and legislative measures aimed at concretely ensuring the continuity of family bonds with the paternal side. The findings reveal a gap between normative provisions and the practical enforcement of the right to family coexistence, underscoring the need for structural public policies, qualified mediation processes, and judicial decisions that are genuinely attuned to the best interests of the child. The study concludes that valuing paternal family bonds is essential to promoting the child’s dignity, identity, and comprehensive protection.