Relações familiares e a (im)possibilidade de responsabilização civil em razão do abandono afetivo

Abstract

The present work will talk, briefly, about the principles of family law and its contextualization regarding the main doctrinal sources and their legal support. We will verify the (im)possibility of civil liability due to affective abandonment in the light of the theory of affection. With the evolution of the doctrine of integral protection, which transformed the child into a subject of rights, recipient of special treatment, the concept of family power gained new meaning, no longer having a sense of domination to become synonymous with protection, with more characteristics of duties. and obligations of parents towards their minor children rather than rights towards them. The principle of integral protection of children and adolescents is inextricably linked to the principle of human dignity, responsible parenthood, family coexistence and affection, and are guidelines that should guide the conduct of parents in the conduct of education and upbringing of their children. sons. The general objective of this work is to study precisely the civil liability for affective abandonment as long as the damage to the child's personality rights is proven. It is intended, with this research, to contribute to the discussion about what are effectively the duties of parents towards their offspring and if these obligations are exhausted in the duty of support, to provide food. This is because it is perceived that emotionally abandoned children may develop trauma in adulthood.Furthermore, it is intended to identify and critically discuss in this work how the Brazilian doctrine and jurisprudence deal with the subject.For that, the deductive method was used in the indication and illustration of the facts related to the theme, the bibliographical research.