O afeto como princípio no direito de família.

Abstract

The presente monographic study discusses the theme “affection as a principle in Family Law”. Therefore, it intends to analyze and discuss problems concerning the importance of the affection in family relationships and parenthood, and demonstrate that the sentiment, as a director of values such as the respect for human dignity, solidarity and equality should be considered a principle and not merely a sense of caring. Thus, to make this possible, the study verifies a historical approach about the institutes that permeate family relationships. It analyzes also the impact that changes in paradigms, as the Federal Constitution of 1988 and the Civil Code of 2002 brought to the institution, and the challenges that this new pattern lead to the post-modern society. The methods used to conduct this work was the deductive and the hermeneutic, and the methodology used was the bibliographical research, which consists of reading and comparing ideas of the main authors of the Family Law. The justification of the research is based on the protection of human dignity as the foundation of the Brazilian Republic as stated by the Constitution, and that, in family relationships, may be restricted if there is a lack of affection. Such a restriction can bring a huge impact on the family law field, giving rise to, in addition to civil responsability, consequences concerning the personality of the abandoned person, and should, therefore be studied from a principlism bias.