Analise das decisões dos Tribunais da Região Sul acerca da responsabilização civil por abandono afetivo dos pais em relação aos filhos

• Main Author: Souza, Débora Cardoso
• Publication Date: 2019
• Format: Bachelor thesis
• Language: por
• Source: Repositório Universitário da Ânima (RUNA)
• Download full: https://repositorio.animaeducacao.com.br/handle/ANIMA/6185
• topic: Família; Afeto; Jurisprudência

OBJECTIVE: To analyze the decisions of the Southern Region Courts, from April 1, 2016 to April 1, 1919, regarding the civil liability for affective abandonment of parents in relation to their children and the duty to indemnify. METHOD: The research is classified as exploratory, as it seeks to identify the variables of the object of study; as for the qualitative approach, since it was analyzed jurisprudential content; Regarding data collection, it is classified as documentary and bibliographic, since the information was taken from books, judgments and doctrines. RESULTS: Affective abandonment is characterized by the absence of parents in their children's lives, not being present during their growth and disregarding the presumed feelings in the relationship between parents and children. This absence can lead to psychological illness and disrupt the social development of the victim. Civil liability is a mandatory right that has the objective of restoring the social balance, having the functions of reparation, prevention and punishment. CONCLUSION: Given the research conducted on the possibility of civil reparation for emotional abandonment, it was found that the decisions of the Southern Courts are minority, in the period established for the research. Thus, it was found that it is extremely difficult to grant compensation to children. In the understanding of the Courts of Justice of Paraná, Santa Catarina and Rio Grande do Sul, it was found that in several judged, the children appealed to justice without having a concrete situation of damage or guilt. thus deprecating the possibility of indemnity.