Aplicabilidade da legislação brasileira nas relações incestuosas: um pacto de silêncio

Abstract

This article presents a theoretical discussion on the normative applicability in incestuous relations that starts from the analysis of the legal provisions in force for the regulation and application to the specific case. The objective is investigate under the focus of the legal system, influenced by the social, religious and moral ties that link the theme. Based on legislative action in the face of practical resolutions of concrete problems with current normative scarcity and with the taboos surrounding such relationships, the basis for this work is an articulation of effective normative action, together with the protection of rights for guarantee and respect to the Democratic State of Law, thus evoking a need to analyze the understanding of this phenomenon with the legal dictates so that it can manifest itself in the best way in practical processes. Emergence of a complex view that arises mainly in the context of these relationships, a modality that has a vast field of taboos and prejudices already established socially, thus making normative action difficult.