Da responsabilidade civil pelo abandono parental afetivo.

Abstract

This work aims to study the parental affective abandon, their consequences and their damage and to show clearly and concisely the possibility of blaming the missing parents for not fulfilling their legal duty generating a compensable tort. It is proposed that from a historical analysis about the family and its current level in the parental right to demonstrate the legal value of affection and demystify the affection as a mere sentiment. Starting with the analysis of the family and its historical evolution in general and in Brazil, pointing to the revolution that was the Federal Constitution of 88 and that this principle brought to family law. Also addresses the liability quickly and clearly to the theme. Continuing the emotional distance is studied, the damage caused by it, and its consequences as a judgment for damages beyond the money brings . Finally we analyze the homeland jurisprudence and legislative proposals on the subject. The method used was deductive approach, which consists in discovering a truth from other truths already known. From the general to the particular. Research is secondary and technical research was a literature.