Órfãos de pais vivos: uma análise do abandono afetivo infantil relacionado com o dever de cuidar e a obrigação de reparar á luz do direito brasileiro

Abstract

This research aims to understand the cases of child affective abandonment in Brazil, mainly observing civil liability of damages and their pedagogical and punitive bias. The civil liability occurs because of the damage endured by children and adolescents, who suffers from this illicit act, whereas the civil liability measure has two biases, one to punish the act, and the other to educate parents not to commit it again. Thus, the research began by analyzing the concept of child affective abandonment and correlating it with the principles and the law that address the topic, being the first step to understand where the responsibility of parents to their children comes from. Furthermore, is clear the need of discussing about how much it‟s worth being a parent from the perspective of analyzing the duties of parents with their children, since if they are not accomplished, they can create several biopsychosocial consequences, including the duty to repair the damage suffered. These damages can be compensated by judicial means, being relevant to analyze if this is an effective way to punish and teach parents, because children have de right to live in an affective family, which allows their healthy development. As a scientific method of this research, it was used the deductive method which allowed the analysis of the subject through a logical construction, using bibliographic research to support the logic created, with the use of books, scientific journals and articles, laws and national jurisprudence, making up an exploratory, qualitative and explanatory research.