Abstract

MACHADO LOPEZ, Libertad; CEDENO FLORIL, Mariuxi Paola  and  FUENTES MACHADO, César Manuel. Minimum state intervention in family matters as a principle of family law. Universidad y Sociedad [online]. 2019, vol.11, n.1, pp. 148-156.  Epub Mar 02, 2019. ISSN 2218-3620.

The family is the essential nucleus of society, legally based on marriage and the State can not intervene in it through its organs against the will of the family unit itself. The objective of the investigation is the analysis of the new principle of minimal state intervention in family matters, showing different doctrinal positions, and the need for its effectiveness to guarantee the rights of women as subjects and their protection against acts of violence. The methods used from the theoretical point of view were: the dialectic, the analytical-synthetic, the exegetical, and comparative law; those that allowed to consider the existence of two positions; one advocates that the State should have limits to invade the private autonomy of the subjects of the family organization, another that gives clarity to the position of the investigators, in which the State will never be able to detach itself from its intervention in order to protect the most vulnerable in the family relationship, maybe the woman as the weakest spouse, or the minors for whom we must watch over the best interests of the child regulated by international treaties, the supreme laws of each State and its domestic law.

Keywords : Principles; family law; state intervention.

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