Abstract

ESBORRAZ, David Fabio. The constitutional concept of family in Latin America. Tendencies and projections. Rev. Derecho Privado [online]. 2015, n.29, pp.15-55. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n29.02.

The processes of "constitutionalization" and "internationalization" have deeply affected the concept of family by imposing a re-reading of family relationships in light of 'Fundamental' Rights. Although there are some exceptions, in general, as a consequence of this new constitutional paradigm is appears that, most Latin America legal systems have gone: i) from a 'totalitarian' family model to a more 'democratic' one, where there is an attempt to harmonize the family interests with the personal interests of all its members; and II) from a 'unique' family model to the recognition of a 'plurality' of family models, all equally worthy of protection.

Keywords : Latin American neoconstitutionalism; constitutionalization" and "internationalization" of family law; democratization" of the family; plurality" of family models; matrimonial family; convivial" family; homoparental" family; single parent family; blended family; extended family; indigenous family.

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