A possibilidade de indenização em casos de abandono afetivo: uma análise da aplicabilidade de medidas alternativas.

Abstract

It is well known that the family had changes in its family structure, new family models have emerged since then, so that the child or adolescent has a full development, healthy and with all their rights protected, it is fundamental that the parents fulfill their duty to take care of and give due protection. From this perspective, the neglect of family coexistence, in the absence of the parents in providing the affective assistance essential for the process of personality formation. . In Brazil, the constitution and status of children and adolescents are responsible for guiding rights and duties in the relationship between parents and children. However, in relation to cases where the parents no longer give affective assistance and configures the abandonment of affection, there is no specific legislation to do so. With the gradual incidence of crimes such as this arises as a form of civil liability indemnity for moral damages, however, it occurs that such a way of holding the author responsible does not heal the psychological and physical consequences caused to the child. Under this approach, the present work starts from the following problematic: does the indemnification for moral damages solve the problems arising from the abandonment of affection? In view of this, the present research has as general objective to analyze the possibility of accumulating the indemnification for moral damages with alternative measure, as a suitable means to reestablish the affective bond between parents and children, besides softening the damages suffered by the abandonment. Therefore, as methodological aspects , the deductive method is used to understand the indemnity for moral damages and alternative measures as the best way to mitigate the consequences of affective abandonment, , methods of historical procedure and interpretative study to analyze child and adolescent protection in Brazil, using bibliographical revisions and documentary as research techniques to construct the theoretical reference.