Responsabilidade civil dos pais pelo abandono afetivo dos filhos menores
Bibliographic Data
| ID | 5835690 |
|---|---|
| Authors | Camila Affonso Prado (0000-0002-5460-2408, corresponding author) |
| Year | 2012 |
| Publication date | 2012-05-07 |
| Open Access | Yes |
| Type | THESIS |
| Publisher | Universidade de São Paulo. Agência de Bibliotecas e Coleções Digitais (PUBLISHER) |
| DOI | 10.11606/d.2.2012.tde-06062013-135843 |
| OpenAlex | W1493810527 |
| Language | PT |
| Citations received | 2 |
| References cited | 2 |
The study about the theme proposed in this work only became possible due to the paradigmatic change introduced by the Federal Constitution of 1988.By approving the human dignity as a Democratic Rule of Law foundation, the Federal Constitution set the human being protection as the central value of the legal system, establishing principles of family law, such as solidarity, equality, pluralism of family forms and best interest of child.It is in this context that arises the principle of affectivity, on which family relationships, especially the parental one, must be based.It is, however, a principle whose content is difficult to delimit.That is because its expression is the affection, generally understood as synonym of love, what would detach it from any legal obligation.Yet, the principle of affectivity is not related to the idea of feeling, but to the dedication that parents must have with the raising and development of their young children, which occurs by pro-affective behaviors.It refers, therefore, to the fulfillment of the immaterial duties of the parental authority, namely raising, education, company and custody, which effectively put children under protection and support of parents.The voluntary and unjustified breach of these duties characterize the affective abandonment.Nevertheless, if the affective bond is broken due to the guardian behavior that forbids family relationship, there is no affective abandonment as it results from the parental alienation.Characterized the abandonment, it is questioned the possibility of applying the liability's institute to the parental relationship.In the case of affective abandonment it is entirely possible that all liability's elementsbreach of duty, fault, damage and factual causationbe present, resulting, as a consequence, in the duty to indemnify the moral and material damages caused
Abandonment (legal · Affection · Constitution · Dignity · Obligation · Political science · Brazilian Legal Issues · Law · Psychology · Social Psychology
| Citations per year | 0.25 |
|---|---|
| Citation span | 2018 - 2022 (5) |
| Highly cited | No |