Condenados por não amar: uma análise da precificação da dor provocada pelo abandono afetivo

Abstract

The present work aims to demonstrate how the higher courts judge the cases that occur with affective abandonment with children and adolescents, which are considered very controversial, with little dissemination. To deepen the relevance of the theme, it is necessary to study the evolution of the family, highlighting how affection has become essential and transforming in this evolution, since the construction of family bonds is essential in their formation. In this sense, it is also necessary to analyze the principles that guide the theme, such as the principle of affectivity and the principle of responsible parenthood. It also addresses the duties of parents with infants, showing the importance of their presence in the development of the child or adolescent, exposes some psychological damage that the child may suffer from abandonment, even reflecting in adulthood. The study also presents a brief analysis of civil liability, exposing its characterization and its consequences, ending with favorable and non-favorable currents that weigh the duty to indemnify in cases of affective abandonment with the support of doctrine, its complementations and jurisprudence.