SOUSA, F. S.; http://lattes.cnpq.br/4936159738781768; SOUSA, Fernanda Soares de.
Resumen:
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.