Abandono Afetivo: fundamentos e possível reparação do lesado.

Abstract

Nowadays, there is a lot of discussion around parents attitudes when they break the marital bond with their spouse/partner and also interrupt their relationship with their kids, making happen what is called the emotional distance. There is a discussion around children that grow up without parent´s affection, even if they have the livelihood support from them, what psychological damage can be caused from this. As consequence, is also discussed if the parents, who abandon your kids, can be liable in some way for your omission, once they breached their duty of affection and support. In this prospect, the goal of this present work is to show the legal possibility of accountability of the parents for the emotional neglect of their kids. The study is justified on the relevance of the fundamental rights guaranteed to the kid and the teenager and also on the obligation of the family, society and State to ensure those rights. To achieve those goals, was performed bibliographical study through research on scientific articles, books, magazines, legal decisions and publications in the written press and court websites addressing the topic. The work was subsidized by the federal constitution , Brazilian laws, doctrine and jurisprudences in order to assist a positive understanding on the possibility of charging the parents for abandoning their kids. Was used the comparative method to assay the divergences or convergences between the several raised placements and existing chains, identifying the thought of each author or jurist according to the topic. It was also used deductive method to enable to build the legal position about the possibility to indemnify the parents for emotional distance, from the social effects achieved and the problems that may arise before the democratic rule of law barriers.