O quantum indenizatório pelo abandono afetivo: o valor do amor

Abstract

The Affective Abandonment consists in the negligent behavior of the parent to the fulfillment of the duties inherent to paternity. Nowadays, this theme has unleashed endless doctrinal and jurisprudential discussions on the possibility of civil liability. By way of moral damages, by affective disruption . The thematic finds relevance in the legal field for not having specific criteria to be considered for fixing the reparatory value, generating legal insecurity. In this way, the objective of this study is to analyze the elementary assumptions of the civil liability institute that must be present to fix the indemnification quantum for the practice of civil unlawful. As for the specific objectives of this research, it will demonstrate the importance of the family in the formation and healthy development of the child or adolescent. Shall evaluate the possibility of pecuniary compensation for the negligent behavior of the parent, continuous act, will analyze the consequences that affective disruption causes in the child's life. The method used will be deductive, based on general considerations, such as the importance of the family for the formation of the child, until a minor premise is reached, the breakdown of the paternal-filial relationship as a preponderant factor in the commitment of the development of the child or adolescente, generating a moral damage subject to pecuniary compensation. As for the approach, this will be qualitative, so, this research will not worry about values, but with the analysis and understanding of reality, using objective criteria to observe and describe about the content. As for the technical procedure will be used bibliographical research and analysis of doctrine, scientific articles, electronic journals, jurisprudence, understandings of State Courts and the Supreme Court of Justice. As a result, there is the possibility of civilly blaming the parent who has been absent from the duties inherent in the paternal relationship, based on the understanding that reparation does not have the power to compensate the child for the affection not received, but to alleviate the damages caused, whether moral, psychological or social.