Responsabilidade civil e relações familiares : dever de indenizar decorrente do abandono afetivo paterno-filial.

Abstract

This research project aims to address the civil liability arising from parental-filial affection abandonment. The issue has great juridical and social relevance, since it is born within the family nucleus and involves not only affective abandonment, but the lack of coexistence and protection of the parent in the moral and psychological development of the child (ren). In the current context, affectivity has become a primordial requirement for the configuration of the new families, and there is no solid model to determine what constitutes a family entity or not. In view of this context, the present work seeks to promote reflections about the institute of moral damage resulting from the abandonment of paternal-filial affection. Therefore, the problem that guides the present research is thus outlined: is there a duty to indemnify for moral damages due to parental-filial affection abandonment? In order to find such a response, the genealogy of families and the evolution of affection as a principle will be presented, the institute of civil responsibility in the Family Law will be analyzed, and the question of the possibility of arbitration of moral damages due to affective abandonment. In order to meet these objectives, the methodology will be constituted by the method of deductive approach, propitiating the reach of certain conclusions from the analysis of legal requirements and current doctrines. In addition, the use of the historical-comparative method will be used, through which the facts will be analyzed, and the method of legal hermeneutics, according to which legal diplomas, phenomena, doctrine and jurisprudence will be interpreted in order to arrive at a better understanding of the subject studied, through which the result of the indemnification for moral damages due to affective abandonment is applicable.