ARAÚJO, F. M.; http://lattes.cnpq.br/3165331840363978; ARAÚJO, Felipe de Medeiros.
Résumé:
In Brazil, one of the measures adopted to legally protect children and adolescents in situations of social vulnerability was institutional care. In an attempt to mitigate the impacts generated by institutionalization, affective sponsorship emerged within the scope of Civil Law, which aims to promote the fundamental right to family and community coexistence. It is through the relevance of this legal institute and the need to understand the limits of this relationship that the present work is justified. For that, it uses the deductive method, using as a way of
approach to exploratory research, through the technique of bibliographical and documental research. In an introductory way, the various ways of conceptualizing the
affective sponsorship, the legal and social mutations that the concept of family has undergone
over the years until affection became a fundamental element for its structure and the
influence of the family environment on the moral, psychological and emotional development of the
child. The second part initially highlights the concept and requirements for
characterization of civil liability and the differentiation of affectivity and affection, to
then enter the discussion about affective accountability, highlighting the
negative consequences of the father's or mother's omission in raising their child, the
conditions that characterize affective abandonment and the need for reparation
indemnity due to non-compliance with the duty of care and violation of the principle of
affection. In addition, the elements that differentiate the
sponsorship of the custody, guardianship and adoption institute, since this link
it does not generate any level of kinship, ownership or representation. Through the analysis of
legal order, it is understood that this relationship is purely affective, without any
civil obligation regarding property and maintenance rights; however, if proven
moral damage of the godparent towards the godson, civil liability will be in place to mitigate the
prejudice. Finally, given the importance of sponsorship programs for
welcoming the children and youth community, Law 13,509 of 2017 was enacted, with
in order to add security and transparency to the project, in addition to delimiting the limits and
nature of the relationship.
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