A responsabilidade civil por abandono afetivo
Bibliographic Data
| ID | 5770064 |
|---|---|
| Authors | Fernando Graciani Dolce (San Antonio College, corresponding author) |
| Year | 2018 |
| Publication date | 2018-06-05 |
| Open Access | Yes |
| Type | THESIS |
| Publisher | Universidade de Sao Paulo, Agencia USP de Gestao da Informacao Academica (AGUIA) (PUBLISHER) |
| DOI | 10.11606/d.2.2018.tde-17092020-161150 |
| OpenAlex | W2917586455 |
| Language | PT |
| References cited | 1 |
The present dissertation aims in analyzing the civil liability of the parent for abandonment of affection of the minor child.Family law underwent a great transformation over the centuries, starting from a situation in which the male parent had practically absolute powers over the other members.Throughout this evolution, which has taken place both internally and abroad, principles such as human dignity, equality, full protection of minors and responsible parenthood have been accepted, culminating in the principle of affectivity.Such principles were explicitly or implicitly brought by the 1988 Federal Constitution, and transformed the concept of parental authority, in such a way, bringing obligations upon parents, whose purpose was to guarantee the well-being and full development of the child.Among these obligations are the duties of care, coexistence and contact, which, as we intend to demonstrate, encompasses the objective characteristics of an affective relationship.The present dissertation will analyze the objective content of the affective relationship, investigating the possibility of civil liability of the parent which, omitting in the fulfillment of these duties, causes harm to the minor that is under his parental authority.Constitutive elements of the civil liability of the parent will be studied, as well as its excluding causes, seeking, finally, to make an analysis of current case law trends
Abandonment (legal · Affection · Constitution · Dignity · Harm · Liability · Minor (academic · Political science · Sociology · Data Privacy and Cybersecurity · Ethics and bioethics in healthcare · Family and Matrimonial Law · Law · Psychology · Social Psychology
| Highly cited | No |
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