Ordini di protezione contro gli abusi familiari, bilanciamento degli interessi e primato della Persona

Abstract

The substantive and procedural instrument of protection orders, consisting of articles 342-bis and ter of the Italian Civil Code as well as of article 736 of the Italian Code of Civil Procedure, not only constitutes a clear example of grafting the remedial perspective within family relationships, but it is also representative of the reorientation of family relationships in the sign of the primacy of the Person. This is the central thesis of the essay, that the Author argues by pointing out how the dynamics of the remedy in question, even in compliance with the principle of balancing the opposing interests, reveals an unconditional primacy of the individual dimension over any counterweights of a community imprint, at least to the extent that the space of dignity and safety of the individual is at stake.