Análise do instituto do apadrinhamento afetivo no ordenamento Jurídico Brasileiro.

Abstract

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. Mais sobre o texto originalÉ necessário fornecer o texto original para ver mais informações sobre a tradução Enviar feedback Painéis laterais