Vitória ou derrota do afeto: discussões possíveis sobre a contemporânea correlação entre o abandono afetivo e o dever de indenizar decorrente das relações multiparentais.

Abstract

Contemporaneity is the most conducive setting for discussions involving family law, whether regarding the relationships of parents, to break the marital bond with the spouse/partner, also from the children in the custody of the other spouse, making the phenomenon called emotional abandonment. It discusses, in the same direction, that being fulfilled its financial obligations to feed and provide material sustenance, the children who grow up without the affection of a parent, or both, suffers damage as a result of this attitude. As a consequence, also discusses whether parents who abandon their children be liable in any way for your failure to act, since it would be disregarding the duty of affection, warmth, comfort. In this perspective, the overall objective of this study is to demonstrate the possibility of legal liability of parents for their children's affective abandonment. The study is justified by the relevance of the fundamental rights guaranteed to children and adolescents as a priority. Also, the obligation of the family, of society and of the State to ensure them. In order to achieve the objectives, bibliographical study was carried out, through research in scientific articles and electronics, books, magazines, judgments and in print publications and on websites of courts addressing directly or indirectly the topic under consideration. Sought to subsidize the work in infraconstitutional legislation Federal Constitution, doctrine and jurisprudence in order to assist in an understanding of the possibility of blaming the parents for effective abandonment when the recent and important family constitutions based on affection. We used the comparative method to analyze the differences or similarities between the various positions and existing currents, identifying the thinking of each author or lawyer in relation to the subject, in particular on the propositions discussed by higher courts. Was also used the deductive method to, from the social effects achieved and problems that may arise on the barriers in the Democratic system of law, allow the construction of the legal position regarding the possibility to indemnify the emotional abandonment multiparentais relations.