O DEVER DE INDENIZAR A PARTIR DA RESPONSABILIDADE CIVIL PELO ABANDONO AFETIVO PARENTAL

Abstract

The present work studies the evolution of family law, understanding how family power was exercised from the earliest times to the new concepts brought by the Constitution of the Republic of 1988. Thus, from the first to the third chapter, the evolution of the exercise of family power is studied , and, in contrast to past concepts, the current family model tends to value the duties of care and affection from the perspective of the dignity of the human person, and the lack of these duties generates the obligation of parents to hold their children responsible for abandonment affective. The fourth chapter studies what affective abandonment is and how it relates within the family. In the fifth chapter, the assumptions for civil liability were studied, in cases of negligence of the duties established in Brazilian legal diplomas. Finally, the sixth and last chapter, civil liability in family relationships is studied and how the offense to the principle of human dignity is used as the basis of the unlawful act committed by parents in the affective abandonment of their children. The chapter also studies how the concept of civil liability for affective abandonment evolved in jurisprudence, citing judgments of the State Courts, as well as the Superior Courts.