Menu fechado

Direito para espertos demais e espertos de menos

  • O menor de idade não deve fingir ter mais de 18 anos ao fazer negócios com outras pessoas, pois pode perder o direito de anular os atos que realizou sem a assistência de seus pais.

O menor relativamente incapaz, ou seja, com 16 ou 17 anos de idade, pode pedir a um juiz a anulação de seus atos realizados sem a assistência dos pais ou responsáveis. Isso significa que pode desfazer muitos dos atos que lhe causarem arrependimento ou que contrariem a vontade de seus responsáveis. Por isso, muitos adultos de boa-fé evitam fazer negócios com relativamente incapazes para não correrem o risco de terem o negócio anulado mais tarde. Mas se o adulto não toma as precauções necessárias, pedindo os documentos do menor e apenas pergunta sua idade quando faz uma compra, uma venda, um contrato de cessão da imagem para um filme publicitário, esse adulto pode ser enganado pelo menor dissimulado. Convenhamos, de vez em quando, menor adora fazer umas coisinhas que só os adultos podem… e muitas vezes consegue.

Se o relativamente incapaz sabe mentir e consegue esconder sua idade de um adulto quando essa informação lhe é pedida, na realização de um contrato ou qualquer ato da vida civil, o Direito não deveria beneficiar o menor… e realmente não beneficia. O moleque esperto demais pode se dar mal. Se ele assume uma obrigação, em um contrato qualquer, escondendo sua idade, pensando que depois não precisará cumprir, que poderá anular o contrato devido a sua incapacidade civil e à falta de assistência dos responsáveis, está muito enganado. O menor nesse caso não pode pleitear a proteção que a incapacidade civil oferece, e terá que cumprir aquilo com o que se comprometeu.

Clovis Bevilaqua, autor do antigo Código Civil, de 1916, dizia que a malícia do menor supre a idade, ou seja, se o menor já tem malícia, não deve mais ser considerado incapaz. Mas nem todos pensam assim.  Aparentemente, Caio Mario da Silva Pereira não concorda que a má-fé seja sinal de maturidade e discernimento. Para ele, não se trata de dar validade aos atos do menor malicioso reconhecendo sua capacidade civil, mas sim de punir a má-fé do menor negando-lhe a proteção que deveria receber por sua falta de maturidade.

O moleque esperto entendeu que não deve fingir ter mais de 18 anos. Mas e se a malícia for dos outros? E se o menor for enganado, for levado a fazer coisas que não deveria, das quais se arrependerá mais tarde? E se os responsáveis fizerem coisas que prejudiquem o menor? Ele pode nem ficar sabendo, ou pode não ter discernimento para entender que está sendo prejudicado. Nesse caso, o que o Direito faz para proteger o menor?

Já vimos como o menor pode se defender de abusos de seus responsáveis em post anterior. Já tratamos dos poderes do menor e de como eles têm mais direitos que os adultos. Mas existe algo que é fundamental para que o menor possa se defender no momento mais apropriado.

Além da proteção integral, da aplicação do princípio do melhor interesse da criança e de vários direitos que só as crianças e adolescentes têm, existe um recurso muito interessante que o Direito oferece para a defesa dos menores. Trata-se do início da contagem dos prazos prescricionais, que só ocorre quando a pessoa atinge a maioridade.

Para explicar o que é prescrição, precisamos entender o que é pretensão. Quando uma pessoa viola o direito subjetivo de outra, surge uma pretensão exigível judicialmente por quem teve o direito violado. Se a pessoa sofreu um dano por ato ilícito, por exemplo, essa pessoa passa a ter a possibilidade de exigir judicialmente a reparação do dano. Se uma pessoa emprestou a bicicleta a um amigo que não quer devolvê-la, surge para o dono da bicicleta a pretensão de exigir a devolução por meio de ação judicial, se a conversa com o amigo não for suficiente. Depois de um tempo determinado na lei, a pretensão acaba, se extingue, a pessoa perde o direito de exigir judicialmente a bicicleta de volta. A extinção da pretensão chama-se prescrição. Com a prescrição, o direito de ter a bicicleta de volta continua a existir, mas não é mais exigível judicialmente. E lembre-se, em geral, só quem pode usar a força para tomar a bicicleta de volta é o Estado, com ajuda da polícia, se necessário, e com ordem judicial.

Para cada pretensão diferente existe um determinado prazo prescricional, que pode variar de um a dez anos, no atual Código Civil. A diferença, para os menores, é que esse prazo só começa a correr quando a pessoa completa 18 anos e se torna civilmente capaz. Então, se ninguém defende a criança ou o adolescente, ou se ele não tem discernimento para procurar quem o defenda, depois dos 18 anos ele terá um bom tempo para “acordar” e defender seus direitos por meio de processo judicial.

Eu concordo que não é o melhor dos mundos. É sempre melhor prevenir do que remediar. Além disso, depois de muitos anos, pode se tornar inviável a reparação do dano. Mas o início do prazo prescricional aos 18 anos é uma proteção a mais para os menores, com certeza.

Legislação básica:

Código Civil

Art. 180. O menor, entre dezesseis e dezoito anos, não pode, para eximir-se de uma obrigação, invocar a sua idade se dolosamente a ocultou quando inquirido pela outra parte, ou se, no ato de obrigar-se, declarou-se maior.

(…)

Art. 197. Não corre a prescrição:

I – entre os cônjuges, na constância da sociedade conjugal;

II – entre ascendentes e descendentes, durante o poder familiar;

III – entre tutelados ou curatelados e seus tutores ou curadores, durante a tutela ou curatela.

Art. 198. Também não corre a prescrição:

I – contra os incapazes de que trata o art. 3o;

II – contra os ausentes do País em serviço público da União, dos Estados ou dos Municípios;

III – contra os que se acharem servindo nas Forças Armadas, em tempo de guerra.

Referências

PEREIRA, Caio Mario da Silva. Instituições de Direito Civil – vol. I. 21ª edição. Rio de Janeiro, Forense, 2005

VENOSA, Sílvio de Salvo. Direito Civil: parte geral. 5ª edição – São Paulo : Atlas, 2005

TEPEDINO, Gustavo et all. CÓDIGO CIVIL interpretado conforme a Constituição da República – 2ª edição – Rio de Janeiro: Renovar, 2007

91 Comentários

  1. Pingback:Menor pode ser empresário? | Projeto Moleque Esperto

  2. michael jordan shoes

    A formidable share, I simply given this onto a colleague who was doing a little bit evaluation on this. And he in fact bought me breakfast as a result of I discovered it for him.. smile. So let me reword that: Thnx for the treat! But yeah Thnkx for spending the time to debate this, I really feel strongly about it and love studying extra on this topic. If attainable, as you grow to be expertise, would you thoughts updating your blog with more details? It is extremely useful for me. Large thumb up for this blog put up!

  3. golden goose

    The following time I read a blog, I hope that it doesnt disappoint me as much as this one. I imply, I do know it was my option to learn, but I really thought youd have something attention-grabbing to say. All I hear is a bunch of whining about something that you can fix if you werent too busy searching for attention.

  4. supreme outlet

    There are some interesting cut-off dates on this article but I don抰 know if I see all of them heart to heart. There is some validity but I will take maintain opinion until I look into it further. Good article , thanks and we wish extra! Added to FeedBurner as nicely

  5. off white clothing

    Aw, this was a really nice post. In thought I wish to put in writing like this additionally ?taking time and actual effort to make a very good article?but what can I say?I procrastinate alot and not at all seem to get something done.

  6. yeezy 700

    An fascinating discussion is worth comment. I feel that you need to write more on this matter, it won’t be a taboo subject however typically persons are not enough to speak on such topics. To the next. Cheers

  7. cheap kyries

    The subsequent time I read a blog, I hope that it doesnt disappoint me as a lot as this one. I mean, I know it was my option to read, however I really thought youd have something attention-grabbing to say. All I hear is a bunch of whining about something that you would repair if you werent too busy on the lookout for attention.

  8. cheap curry 6

    Oh my goodness! a tremendous article dude. Thank you Nevertheless I’m experiencing subject with ur rss . Don抰 know why Unable to subscribe to it. Is there anybody getting equivalent rss downside? Anybody who knows kindly respond. Thnkx

  9. moncler outlet

    An fascinating dialogue is worth comment. I believe that you need to write more on this topic, it may not be a taboo subject however generally persons are not enough to speak on such topics. To the next. Cheers

  10. page

    I in addition to my pals were actually checking the best techniques on your web blog and immediately came up with an awful suspicion I had not thanked the site owner for those techniques. Most of the ladies are actually so thrilled to study them and already have honestly been taking pleasure in them. We appreciate you getting simply thoughtful as well as for making a decision on variety of good themes most people are really wanting to be informed on. My sincere regret for not saying thanks to you earlier.

  11. kobe byrant shoes

    I truly wanted to write a brief comment to be able to say thanks to you for the marvelous hints you are writing on this site. My extensive internet look up has now been rewarded with pleasant facts and techniques to talk about with my partners. I would claim that most of us site visitors are very much fortunate to live in a fabulous community with very many special individuals with interesting principles. I feel pretty lucky to have come across the web page and look forward to tons of more exciting minutes reading here. Thanks again for everything.

  12. kyrie 9

    I am just writing to let you know of the incredible encounter our girl went through studying yuor web blog. She noticed several things, most notably what it’s like to have a wonderful teaching heart to make a number of people without hassle know precisely certain grueling topics. You undoubtedly surpassed our desires. Thank you for producing those warm and helpful, dependable, explanatory and even easy tips about your topic to Jane.

  13. supreme hoodie

    Thanks so much for giving everyone an exceptionally remarkable chance to check tips from this blog. It is often so good and as well , packed with a lot of fun for me and my office fellow workers to visit your website minimum thrice per week to study the latest issues you have got. And indeed, we’re usually astounded with your terrific principles served by you. Selected 2 facts on this page are certainly the best we have ever had.

  14. steph curry shoes

    I want to convey my passion for your generosity supporting visitors who have the need for help with your theme. Your personal dedication to passing the message across came to be exceptionally advantageous and has consistently helped ladies like me to get to their endeavors. Your entire important guideline signifies much to me and especially to my office colleagues. Many thanks; from everyone of us.

  15. supreme outlet

    Thanks a lot for giving everyone such a brilliant opportunity to read critical reviews from this website. It really is very pleasurable and as well , full of fun for me and my office friends to search your site at the least thrice in 7 days to read the newest items you have. And of course, I’m at all times fulfilled with all the good guidelines you serve. Selected 2 areas in this article are rather the most efficient we have had.

  16. goyard outlet

    My wife and i got now relieved Louis managed to finish off his inquiry out of the precious recommendations he got while using the blog. It is now and again perplexing to just find yourself giving freely helpful tips that many people may have been making money from. And we all grasp we have the website owner to appreciate because of that. The most important illustrations you made, the straightforward website navigation, the friendships your site make it easier to foster – it’s got many incredible, and it is assisting our son and the family imagine that this subject matter is interesting, and that is pretty fundamental. Thank you for all the pieces!

  17. yeezy 700

    Thanks a lot for providing individuals with a very remarkable chance to check tips from this blog. It’s usually very nice and as well , stuffed with a great time for me personally and my office acquaintances to visit your blog more than three times in 7 days to study the new issues you have. And indeed, I’m so usually fulfilled concerning the striking principles you give. Certain two facts on this page are in truth the simplest we have ever had.

  18. jordan retro

    Thanks a lot for giving everyone such a remarkable opportunity to read articles and blog posts from this web site. It’s always so fantastic and also stuffed with a great time for me and my office mates to search your website minimum thrice in one week to learn the fresh stuff you have got. Of course, I’m at all times astounded concerning the powerful tricks served by you. Certain 4 tips in this article are unquestionably the simplest I have ever had.

  19. goyard

    Thanks so much for providing individuals with an exceptionally breathtaking chance to read in detail from here. It’s always so cool and as well , packed with a great time for me and my office friends to visit your website at least 3 times weekly to learn the new secrets you will have. And of course, we are actually happy with your gorgeous suggestions you serve. Selected 1 areas in this article are really the most efficient we have had.

  20. off white hoodie

    A lot of thanks for all of your hard work on this web site. My mom really loves doing investigations and it’s easy to understand why. I hear all about the lively form you make very important strategies on this website and as well as cause contribution from website visitors on that theme while our simple princess is starting to learn so much. Take advantage of the rest of the new year. You’re conducting a dazzling job.

  21. goyard bag

    A lot of thanks for each of your hard work on this web page. My aunt enjoys conducting internet research and it’s really obvious why. A number of us know all relating to the compelling mode you present precious tips and tricks by means of this web site and therefore boost response from website visitors on that issue then our favorite child is certainly understanding a lot. Enjoy the remaining portion of the new year. Your doing a terrific job.

  22. golden goose

    I actually wanted to send a quick remark so as to thank you for the remarkable facts you are showing at this site. My long internet investigation has at the end of the day been rewarded with reasonable ideas to talk about with my colleagues. I ‘d repeat that many of us website visitors actually are undeniably endowed to exist in a superb network with very many wonderful people with useful concepts. I feel very lucky to have encountered your web site and look forward to some more excellent moments reading here. Thanks a lot once more for a lot of things.

  23. kobe shoes

    I want to show some appreciation to the writer for rescuing me from such a circumstance. After surfing around through the search engines and obtaining basics which were not powerful, I assumed my entire life was well over. Being alive without the solutions to the problems you’ve fixed by way of the report is a serious case, as well as ones which might have in a wrong way damaged my career if I hadn’t discovered your web site. Your main natural talent and kindness in controlling all the details was useful. I’m not sure what I would have done if I had not encountered such a solution like this. I can also at this moment relish my future. Thanks for your time very much for this impressive and result oriented help. I will not think twice to refer your web sites to any person who should have support on this matter.

  24. hermes

    I not to mention my guys happened to be taking note of the great information found on your website while suddenly I had a horrible suspicion I never thanked the website owner for those strategies. My boys are actually absolutely thrilled to learn them and have in effect quite simply been enjoying these things. I appreciate you for getting really kind and also for deciding upon varieties of helpful guides millions of individuals are really wanting to be informed on. Our own honest apologies for not saying thanks to sooner.

  25. air jordan travis scott

    I precisely needed to thank you very much again. I am not sure what I would have undertaken without these concepts discussed by you regarding my area of interest. This was the daunting case for me personally, nevertheless viewing your skilled approach you managed the issue forced me to weep with fulfillment. I’m happier for your information and in addition have high hopes you really know what a great job you’re putting in teaching the others via your site. I know that you have never come across all of us.

  26. air jordan

    I wish to get across my appreciation for your kindness in support of individuals who absolutely need assistance with this important study. Your real commitment to getting the message along has been unbelievably beneficial and have truly made somebody like me to realize their goals. The useful guidelines denotes so much to me and additionally to my peers. Regards; from each one of us.

  27. air jordan shoes

    I really wanted to jot down a brief message to express gratitude to you for some of the lovely tips you are sharing on this website. My extended internet lookup has at the end been paid with reasonable tips to share with my family and friends. I would assume that most of us site visitors are quite endowed to live in a superb place with so many perfect professionals with very beneficial opinions. I feel very much privileged to have used your entire site and look forward to really more thrilling times reading here. Thanks once again for all the details.

  28. supreme clothing

    I want to show my appreciation to the writer for bailing me out of this type of problem. After looking out through the online world and seeing principles which were not beneficial, I figured my life was well over. Being alive without the presence of approaches to the problems you’ve resolved all through this short article is a serious case, as well as ones that could have badly affected my entire career if I hadn’t encountered your web page. Your competence and kindness in playing with a lot of stuff was priceless. I’m not sure what I would’ve done if I hadn’t discovered such a solution like this. I can also now relish my future. Thanks for your time so much for this professional and effective guide. I will not hesitate to suggest your web page to anyone who ought to have guide on this topic.

  29. curry 8

    I enjoy you because of your own effort on this web site. Kim loves participating in investigation and it is simple to grasp why. My partner and i hear all concerning the lively means you render efficient things by means of this web blog and as well as recommend contribution from website visitors about this content and our favorite daughter is without question studying a great deal. Take advantage of the remaining portion of the year. You’re performing a really great job.

  30. off white jordan 1

    I not to mention my guys came checking the excellent guidelines located on your site then suddenly came up with a terrible suspicion I never thanked the site owner for those secrets. Those boys became totally thrilled to learn them and have in effect in fact been having fun with these things. We appreciate you turning out to be quite considerate and for using this form of high-quality areas millions of individuals are really desperate to be aware of. My very own sincere regret for not expressing appreciation to sooner.

  31. off-white

    I’m just writing to let you understand of the great experience my cousin’s girl experienced reading through your web site. She came to find so many pieces, which include what it’s like to possess a marvelous coaching heart to get many more completely fully grasp selected tortuous subject areas. You undoubtedly did more than people’s desires. Many thanks for presenting such warm and friendly, trustworthy, informative and as well as unique tips about this topic to Lizeth.

  32. golden goose outlet

    I want to voice my admiration for your kind-heartedness giving support to visitors who should have help with this important field. Your real dedication to passing the solution all-around appears to be surprisingly helpful and have always enabled somebody like me to realize their targets. Your amazing interesting suggestions signifies so much to me and even further to my office colleagues. Thank you; from all of us.

  33. supreme new york

    I simply wanted to thank you very much all over again. I’m not certain the things that I could possibly have tried in the absence of those basics shown by you over such concern. It was actually the hard setting in my view, but observing a specialized avenue you handled it forced me to weep with fulfillment. Extremely thankful for the guidance and believe you find out what a great job that you are carrying out training many others through your web site. Probably you haven’t come across any of us.

  34. golden goose outlet

    I want to get across my gratitude for your kindness giving support to women who require help with this important subject. Your very own commitment to passing the solution along was surprisingly valuable and has continually empowered regular people just like me to attain their objectives. The invaluable key points implies so much a person like me and much more to my office workers. Thanks a lot; from everyone of us.

  35. supreme shoes

    I really wanted to compose a quick remark so as to appreciate you for these amazing guides you are sharing on this website. My extended internet investigation has now been recognized with pleasant know-how to write about with my good friends. I would tell you that many of us website visitors are rather blessed to exist in a decent site with very many perfect people with very beneficial points. I feel pretty grateful to have come across your weblog and look forward to so many more thrilling minutes reading here. Thanks a lot again for all the details.

  36. off white

    I needed to send you a little word to finally give many thanks yet again for your splendid secrets you’ve shown in this article. It is tremendously open-handed with you to supply publicly all that many people would have made available for an e-book to end up making some profit on their own, precisely considering the fact that you might well have tried it if you ever decided. The things additionally acted to provide a fantastic way to comprehend most people have the identical dream much like mine to find out whole lot more when it comes to this condition. I am certain there are several more pleasant periods ahead for many who find out your blog.

  37. golden goose outlet

    Thank you so much for giving everyone an extraordinarily special possiblity to check tips from this web site. It can be so awesome and jam-packed with a good time for me personally and my office mates to visit the blog at least thrice in a week to see the newest issues you have got. Not to mention, I’m always motivated concerning the sensational creative ideas you serve. Selected 3 areas in this article are truly the simplest we have had.

  38. kyrie 5 shoes

    My husband and i were lucky that Ervin managed to conclude his inquiry while using the precious recommendations he had while using the web page. It’s not at all simplistic to just continually be freely giving helpful tips that many most people have been making money from. We do know we now have the blog owner to give thanks to for this. All of the explanations you made, the simple web site navigation, the friendships your site make it easier to engender – it’s got everything superb, and it’s really aiding our son in addition to the family reason why the theme is entertaining, which is certainly unbelievably vital. Many thanks for the whole thing!

  39. palm angels outlet

    I wanted to write you that very little note to help give many thanks over again regarding the pretty solutions you have shared above. This has been really shockingly open-handed with people like you to supply extensively all that many of us could have supplied for an e-book to get some dough for themselves, principally given that you could possibly have done it in case you wanted. The strategies also served like a fantastic way to comprehend someone else have a similar zeal much like my own to realize much more with respect to this issue. I know there are thousands of more pleasant sessions in the future for those who browse through your blog.

  40. moncler

    I and also my buddies were looking through the good helpful tips found on the website and immediately came up with a terrible suspicion I never expressed respect to the website owner for those techniques. All the boys came so happy to see all of them and now have absolutely been having fun with those things. Thank you for genuinely simply helpful and also for getting this form of great tips millions of individuals are really needing to be aware of. My honest apologies for not saying thanks to you sooner.

  41. kyrie 7

    Thank you so much for giving everyone a very remarkable chance to read articles and blog posts from here. It is usually very excellent and as well , jam-packed with a good time for me and my office colleagues to visit your web site nearly three times every week to study the latest guides you will have. And indeed, I am at all times happy with all the unbelievable methods served by you. Some 1 areas in this article are definitely the most effective we’ve had.

  42. yeezy

    I and also my buddies ended up looking at the best helpful tips located on your web page then immediately got an awful feeling I had not expressed respect to the website owner for those techniques. Most of the guys had been so very interested to read them and have now surely been tapping into them. Appreciation for actually being very considerate and for obtaining these kinds of decent areas most people are really desirous to be informed on. My honest apologies for not expressing appreciation to sooner.

  43. goyard bags

    Thanks a lot for providing individuals with an exceptionally wonderful chance to read articles and blog posts from this web site. It’s usually very terrific and stuffed with a good time for me and my office mates to visit your website the equivalent of three times per week to study the fresh guidance you have. And of course, I’m so usually astounded considering the surprising secrets served by you. Selected 2 points in this article are completely the most impressive we have ever had.

  44. off white shoes

    My spouse and i ended up being very cheerful that Chris could conclude his preliminary research with the ideas he discovered out of your web site. It’s not at all simplistic to just choose to be handing out concepts many people may have been selling. Therefore we grasp we have got the blog owner to thank for that. The type of illustrations you have made, the straightforward site navigation, the relationships you will aid to foster – it is most superb, and it is making our son in addition to our family imagine that the issue is thrilling, and that’s extremely vital. Thanks for all!

  45. palm angels

    My husband and i were now fortunate when Jordan managed to finish off his preliminary research through the ideas he received through your web site. It is now and again perplexing just to possibly be giving away procedures which most people could have been selling. And we all figure out we need the writer to thank for this. The most important explanations you have made, the easy web site menu, the friendships your site assist to create – it’s mostly remarkable, and it’s leading our son and us consider that the situation is cool, and that’s extremely vital. Thank you for all!

  46. curry shoes

    I enjoy you because of all your valuable hard work on this blog. Ellie really likes participating in research and it’s simple to grasp why. My partner and i hear all concerning the powerful mode you produce rewarding suggestions by means of the blog and invigorate participation from some other people about this subject plus our favorite child is learning a great deal. Take advantage of the remaining portion of the year. You are always conducting a great job.

Deixe um comentário

O seu endereço de e-mail não será publicado.