Abandono afetivo: a não observância ao dever de convivência

Abstract

This research has the objective to analyze if Brazil's legal system gives legal base to moral damages lawsuits on affective abandoning, considering the parents' duty to ensure the right to a family communion to their children. The Federal Constitution of Brazil of 1988 became a historical milestone, as it included the dignity of the human person as a foundation to relationships, and in an implicit way to bring as a family foundation the affective principle. Children are conceived all the time without any form of family planning, and as a result, most of the time, they suffer rejection from their parents and feel neglected since the mother's womb. Even though the brazilian law foresees the loss of family power due to non observation of parents' duty to their minor children, there isn't no mention in brazilian law about parents' neglection to their children, as far as affective abandoning. Due to that, it matters to do a deep research based on Ronald Dworkin's right to integrity, so to integrate the normative gaps, so there can be a fair and equanimous decision, considering that the Superior Courts have been positioning themselves in differente ways about this subject. This way, the evolution of the family throughout history will be analyzed, as well as the constitutional principles that rule it and a study about fundamental duties, highlighting the duty of a family communion as a result of a responsible parenting. Lastly, it will be done an analysis of the civil responsibility on Family Law and the application of moral damages in this area, in order to discuss about the possibility of moral damage repair to children who suffered affective abandoning from their parents, given the need to stop illicit acts within the family.