A responsabilidade civil por abandono afetivo da prole.

Abstract

The present work of monography deals with the civil responsibility for affective abandonment of the parents towards their children. We work on the following problem: Is it possible to blame someone for not giving enough affection for a person's good development? Many judged to be in favor of this possibility, however, it is not difficult to find sentences that claim that this right does not exist. In the same way, this duality is found in doctrine. Civil liability is based on pecuniary compensation for the infringement of a right of another, which is why the problem arises. Brazilian Family Law has evolved a lot in the last years, especially after the promulgation of the Federal Constitution of 1988. With it came the idea of equality between the children, whether they are inside or outside the conjugal union; Also from it came the concept that man and woman have the same rights and duties to their offspring. With CF / 88, based on the principle of the dignity of the human person, the idea was born that affection would be of paramount importance in the construction of the family unit, taking the place of concepts previously established in the previous legal system; In this way, lack of affection could cause risks to the development of a child or adolescent. We deal with the beginning of the concept of family and its historical evolution, showing the various stages through which it passed until it reached the mold of today, in which other family species are covered by Brazilian law, not only the traditional model. We also address Family Power and the obligations you see from it. Lastly, we deal in more detail with the subject, analyzing favorable doctrine and jurisprudence and against, in addition to studying Senate Bill 700/2007, whose idea is to modify the ECA, adding the parental obligation law, thus allowing in case of Negligence of the father or mother in the formation of the child, they can be held responsible