The Civil Code
The majority of them if voluntarily makes use to take care of of the grandsons; others, however, consider this a rendering of services and alone they intervene when requested; others, still, are obliged to take care of for the situation that if find of economic dependence of the children. Few are the grandmothers who do not take care of at some moments of its grandsons. (PEIXOTO, 2001, P.? apud VITALE, 2007, P. 95). The Civil Code places as responsibility of the grandmothers the food installment for the grandsons, in cases where one of the ancestors or the two will not be in conditions to give foods to the children, will be convoked the ascendants, that is, the grandmothers. In its article 1.698: If the relative, who must foods in first place, will not be in conditions to support the incubency total, will be called to concur of immediate degree; being several the obliged people to give foods, all must concur in the ratio of the respective resources, and, intended action against one of them, they will be able the too much being called deals to integrate it. In some cases grandmothers leave of living the experience to be simply acquiring all the attributions of the genitors.
It is the case of the grandmothers that gets the legal safekeeping of its grandsons; The Civil Code of 2002 elenca three types of loss of the parents of the familiar power these is: suspension, extinguishing and loss: Art. 1.637. If the father, or the mother, to abuse its authority, lacking to the duties inherent they or ruining the goods of the children, fit to the judge, requiring some relative, or the Public prosecution service, to adopt the measure that it seems complained for the security of the minor and its to have, until suspending the familiar power, when she agrees. Only paragraph. The exercise of the familiar power to the father or the mother is suspended equally condemned by final judgement, in crime virtue whose penalty exceeds the two years of arrest.