O abuso do direito constitucional dos pais à educação e manutenção dos filhos

: superior interesse da criança e intervenção do Estado

Abstract

The present study aims to analyse the abuse of the constitutional right of parents to educate and maintain their children, with a specific focus on how this abuse manifests in the context of the child's religious education. For a more in-depth understanding of this right, it will be necessary to conduct a preliminary examination of indeterminate concepts such as the “best interests of the child” and “matters of particular importance”, in addition to exploring what constitutes the abusive exercise of parental responsibilities. Once these concepts are understood, the central question of this dissertation arises: to understand how this abuse manifests in the choice of the child's religion and the implications of that choice regarding their health. The dissertation concludes with an analysis of the consequences foreseen for parents who abusively exercise this right. It was found that, although parental actions may compromise the child's life, the most appropriate measures in these cases are those that limit parental responsibilities, which, in most situations, prove to be suitable for preventing harm that has not yet occurred.

Date of Award	20 Feb 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Elisabete Ferreira (Supervisor)