International Convention
According to legal dictionary ' ' it is indicative locution is of the right or the duty, that competes to the parents or one of the spouses, to have in its company or to protect them, in the diverse circumstances indicated in the civil law. keeps, in this direction, as much means safekeeping as the protection that must to the children for pais' ' . The guard is appraised, according to Son, Waldyr Grisard (2009, P. 58) : The guard does not define itself for same itself, seno through the elements assure that it. Connected to the familiar power for arts. 1.634, II, of the CC and 21 and 22 of the ECA, with strong seat in the ownership idea, as he says art. 33, 1, of this special Law, appears as right-having natural and originary of the parents, who consist of the convivncia with its children and are the estimated one that he makes possible the exercise of all the parental functions, elencadas in that article of the CC. …
The guard ' ' he understands the power to hold back the son in the home, to have it next to itself, to conduct its behavior. In the guard it is the monitoring duty that, slowly and constantly, acts decisively in the development of the personality of the minor and in its integral formation. The right to the familiar convivncia, assured for art elapses of the exercise of the guard for the parents. 7 of Convention International of Rights of Child, which determines that the child has, amongst others, the right of, in the possible measure do, to know its parents and to be well-taken care of for them. The expression ' ' guarda' ' one meets definite thus for art. 33 of the ECA: ' ' the guard compels to the installment of material, moral and educational assistance to the child or adolescent, conferring its detainer the right to oppose it third, also to pais' '.
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