Violação do dever de convivência como um ilícito civil passível de reparação.

Abstract

This monograph has as its theme: "The violation of the duty of coexistence as a civil offense that can be repaired". The present research has as problem: the existing legislation already makes enough to punish regarding the abandonment affective? The work works with the hypothesis of the possibility of civil responsibility of the parents in cases of affective abandonment of the children. The general objective of the research is to investigate the incidence of civil liability in Family Law for reasons of affective abandonment and as specific objectives to clarify whether or not pecuniary reparation is possible in cases of actual abandonment; to analyze the constitutional principles and the value of the affectivity in the families and to verify the violation of the duty of coexistence like a civil offense that can be repaired. In developing this research, we opted for the method of deductive approach. As for the approach, the modality is qualitative. As for the procedure, the adopted is the historical method. As for the technical procedure, we adopted the bibliographical- documentary, elaborated from laws, books, articles and the internet, with content analysis. Structurally, the monograph is divided into three chapters: the first proposes to carry out an analysis on constitutional principles and the value of affectivity in family relations; the second seeks to carry out an analysis of civil responsibility within the theme of affective abandonment; the third emphasizes the importance of the duty of coexistence and its violation as a civil wrong, addresses civil reparation as a consequence of abandonment, brings the understanding of the STJ and aims to create a position on the issue.