Uma análise da responsabilização civil no abandono afetivo

Abstract

This paper analyzes Family Law in contemporary society, highlighting the social transformations that have influenced the structure and understanding of family entities over time. Initially, it addresses the historical evolution of the family, demonstrating how cultural, social, and legal changes have contributed to the expansion of the traditional concept of family. In this context, the role of the Federal Constitution of 1988 is emphasized in redefining family entities, promoting greater recognition of family diversity and establishing fundamental constitutional principles applicable to Family Law, such as human dignity, equality, and the comprehensive protection of the family. Subsequently, the principle of affectivity in family relationships is discussed, understood as an implicit legal foundation that guides the interpretation and application of family law norms. The study also analyzes how affectivity influences parental bonds and filiation relationships, as well as its relevance in contemporary legal doctrine, which recognizes affection as a central element in the formation and maintenance of family relationships. Finally, the paper examines emotional abandonment and its legal implications, presenting its concept, forms of characterization, and the consequences arising from parental omission. It also discusses legal debates regarding civil liabilityand the possibility of compensation for moral damages, as well as the challenges and perspectives related to the effectiveness of legal protection in light of this reality.