Direito Civil - Aula 1 (nova aula) - Pessoa e Personalidade - Art. 1º do Código Civil

Summary

In this lesson, the speaker explains the core concepts of 'pessoa' (person) and 'personalidade' (personality) as outlined in Article 1 of the Brazilian Civil Code. A 'pessoa' refers to any human being, regardless of their characteristics such as age, gender, race, or health, who is capable of acquiring rights and assuming duties. 'Personalidade' refers to the legal capacity to do so. The lesson emphasizes that every person, from a newborn to an elderly, is endowed with 'personalidade' in Brazilian law, thus capable of having rights and responsibilities, though their ability to exercise them depends on legal capacity.

Takeaways

• 😀 A person is anyone capable of acquiring rights and duties in the civil legal system, which includes all human beings without discrimination.
• 😀 The concept of 'person' in Brazilian law applies to natural persons (human beings), not legal entities like corporations, which are covered elsewhere.
• 😀 The Brazilian Civil Code, Article 1, states that all human beings born alive are recognized as persons under the law, regardless of age, gender, race, nationality, or health.
• 😀 Personality is the legal capacity to acquire rights and duties in the civil system, as described in Article 1 of the Civil Code.
• 😀 Every human being, from newborns to the elderly, has the potential to hold rights and obligations in the civil realm in Brazil.
• 😀 The Brazilian legal system ensures that there is no discrimination based on factors such as sex, age, or race when it comes to acquiring rights and duties.
• 😀 The key distinction between 'person' and 'personality' is that 'person' refers to being a subject of rights and duties, while 'personality' refers to the ability to acquire those rights and duties.
• 😀 While a person has the capacity to hold rights and duties, the ability to exercise them depends on their legal capacity, which will be covered in future lessons.
• 😀 The example of João, a newborn inheriting property, illustrates that even a child has rights (property ownership) and obligations (tax payments), but how these rights are exercised depends on legal capacity.
• 😀 The Brazilian Civil Code's first article affirms that all people, without exception, are capable of having rights and duties under civil law, which is the essence of personality.

Q & A

What does the term 'pessoa' mean in the context of the Brazilian Civil Code?

In the context of the Brazilian Civil Code, 'pessoa' refers to a subject who holds legal rights and obligations. This subject can be either a natural person or a legal entity, though the script primarily focuses on natural persons, which are human beings born alive.

What is the difference between 'pessoa' and 'personalidade' as discussed in the lesson?

'Pessoa' refers to a person, specifically a human being with the capacity to acquire rights and duties. 'Personalidade' refers to the legal capacity of a person to hold these rights and duties, meaning that every person has the inherent ability to acquire rights and incur obligations under civil law.

What does the article 1 of the Brazilian Civil Code say about a person's capacity?

Article 1 of the Brazilian Civil Code states that every person is capable of acquiring rights and incurring duties within civil law. It emphasizes that all individuals, regardless of discrimination based on sex, age, race, or health, are considered persons with legal personality and are entitled to such rights and obligations.

Can a person be excluded from the ability to acquire rights and duties based on discrimination?

No, according to the script, all persons are equally capable of acquiring rights and duties regardless of any form of discrimination, such as sex, age, race, nationality, or health status.

What is an example used in the lesson to illustrate the concept of personality?

An example given in the lesson is a newborn child named João, who inherits a property from his grandfather. João, although a newborn, has the right of ownership over the property and the duty to pay taxes on it, demonstrating his legal capacity to acquire rights and obligations.

What does the term 'capacidade' refer to, and how is it different from 'personalidade'?

'Capacidade' refers to the ability of a person to effectively exercise their rights and duties. Unlike 'personalidade,' which refers to the inherent legal ability to acquire rights and duties, 'capacidade' is about a person's ability to act within the legal framework, which can vary depending on the individual's situation (e.g., children or incapacitated persons may have limited capacity).

What does the article 1 of the Civil Code specifically not address, according to the lesson?

Article 1 of the Civil Code does not address how a person will exercise their rights and duties. Instead, it focuses on the inherent ability of every person to acquire rights and obligations, regardless of any external factors like capacity or ability to act.

In the example with João, what issue remains unresolved despite his right to own property?

Although João has the right to own the property, the question of how he will exercise his rights (such as managing the property and paying taxes) remains unresolved. This involves the concept of 'capacidade' (capacity), which will be explored in future lessons.

How does the Brazilian legal system ensure equality among all individuals in terms of legal rights?

The Brazilian legal system ensures equality by stating that every person, regardless of characteristics like sex, age, race, nationality, or health, is equally capable of acquiring rights and assuming duties. This reflects the principle of non-discrimination and equal legal standing for all individuals.

What is the ultimate takeaway from the lesson on article 1 of the Civil Code?

The ultimate takeaway is that every human being, once born alive, is recognized as a person under the Brazilian Civil Code, capable of acquiring rights and assuming duties in civil law, a concept known as 'personalidade.' This capacity is universal and not subject to discrimination based on personal attributes.