A APLICAÇÃO DA TEORIA GERAL DO AFETO NA PROTEÇÃO DOS DIREITOS DAS CRIANÇAS EM FAMÍLIAS CONTEMPORÂNEAS: uma análise das leis 14.713/2023 e 14.826/2024

Abstract

This paper aims to analyze the application of the General Theory of Affection in protecting children's rights in contemporary families, focusing on the effectiveness of Laws No. 14,713/2023 and No. 14,826/2024 in promoting a healthy, respectful, and protective family environment, with foundations essential to the child's integral development. The research begins by reflecting on the transformations in legal approaches to family relationships, which were previously based on traditional and patrimonial concepts, and which are now evolving toward a broader and more sensitive understanding of the role of emotional bonds in childhood development. In this context, it is observed that affection has come to be understood as a fundamental right of children, with direct impacts on judicial decisions and the development of public policies. The aforementioned laws represent this normative advancement by recognizing the importance of affection both in the structure of shared custody and in the promotion of non-violent parenting practices, based on acceptance and listening. Given this paradigmatic shift, there is a need to critically investigate how the General Theory of Affect has been applied to safeguarding children's rights in modern family settings. Thus, the question guiding this research is: to what extent does the application of the General Theory of Affect, in light of Laws No. 14,713/2023 and No. 14,826/2024, contribute to the protection of children's emotional and developmental rights within contemporary families? By proposing this analysis, the study seeks to highlight the relevance of legal approaches that recognize and value affection as an essential dimension of children's fundamental rights.