DUARTE, Caio Gomes.
Abstract:
The present paper deals with the possibility of paying indemnity in cases of affective abandonment in paternal-filial relationships, considering this the problem of the research arises: it is possible to obtain a favorable judicial decision regarding the payment of indemnity when configured the emotional abandonment accruing from the relationship between parents and children? As a methodology, the approach method is deductive, considering that it starts from a general situation to a particular one. The method of the procedure is historical.The research is classified, with regard to nature, as applied; to the approach as qualitative; to the general objective as exploratory; regarding technical procedures as bibliographic; and as for obtaining data it will be content analysis.To answer the suggested question, in the first chapter, will be made historical evaluations of what is understood as a family, both in society and in the Brazilian legal system.The second chapter is directed to the analysis of affiliation, addressing since the recognition until the custody of the children in the light of the Federal Constitution of 1988 and the Civil Code of 2002, will also be investigated the filiatorial actions, their legal nature, legitimacy and imprescriptibility.And finally, the third and last chapter will deal with parental responsibility through the lens of the emotional abandonment of the child, in the first subtopic it will be made an approach about civil liability in Brazilian law emphasizing its general and basic notions, then we will deal with the civil liability in the context of the relationship between parents and children, and finally, in the last subtopic that closes the chapter, it will be discussed the possibility of compensation payment in cases of paternal-filial abandonment, some favorable decisions on the topic under discussion will also be presented, observing the mandatory and essential elements that makes the demand a success.
