Responsabilidade civil pelo abandono afetivo paterno-filial e o dever de indenizar

• Autor(a) principal: Zolet, Amanda
• Data de Publicação: 2021
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/2544
• topic: Abandono afetivo; Direito de família; Afetividade; Responsabilidade civil; Dever de indenização; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL

The present monographic work has the general objective of evaluating the existing methods in the legal system in the applicability in situations of practice of emotional abandonment that presuppose the pecuniary indemnity. In this context, the research method is based on a critical bibliographic and jurisprudential analysis, exploring specific objectives such as historical evolution, concepts, principles and elements that cover the central research problem. Initially, the historical issue of family law and its main evolutions was addressed, so at first the function of this analysis is to demonstrate the social relevance arising from human development and its reflection in society. It is possible to verify with the promulgation of the Federal Constitution, the principle of human dignity as a Democratic State of Law, for the protection of the human person and his rights as a central element of the legal system. For this reason it gave rise to several principles of family law emerging among them, the principle of affectivity on which family relationships should be based. It is the principle that configures affection, an element difficult to be delimited, but usually known as a synonym of love, however the principle is related to the idea of dedication that parents must have towards their children in the upbringing and training of minors. Thus, parents must fulfill the duties imposed by the family power, which highlight the creation, education, company and custody. Failure to comply with the legal precept by voluntary and unjustified means configures affective abandonment. Due to this fact, it is possible to characterize civil liability in the family sphere, as it fails to comply with the legal order and presents all the necessary elements for subjective civil liability, such as fault, damage and the causal link. Therefore, in cases of emotional abandonment of minor children, the duty to indemnify the damage caused to the victim arises as a consequence. The study analyzes the position of the courts on the matter and the cases of possibility or impossibility of conviction in pecuniary for emotional abandonment, and as a result it finds that, due to difficulties in detecting evidence of causality, the position of the Superior Courts by the vast majority of judged do not manifest themselves in a favorable way. And so the problem is born, because it is known that there is moral damage, but because of the difficulty of proving it becomes difficult.