Abordagem sobre a (im)possibilidade de reparação material do dano causado em decorrência do abandono dos pais à pessoa dos filhos

Abstract

It is legal monograph with scope to introduce the topic and affective abandon the possibility of civilly blame the parent who voluntarily disclaims the fulfillment of his family power duty with the offspring, resulting in less impact due to this absence. Thus, the main issues will be presented involving the paternal-filial relationship, the historical evolution of family power, attributes and rights of parents in their exercise and the guiding principles of family relationships. Then address the configurator elements of liability: human conduct, damage and causation, as well as subjective and objective liability. Forward, when dealing with the object of study, will bring the look and the doctrine about emotional abandonment linked to the elements of liability. Finally, moral damages will be outlined in a direct relationship with the affective abandon. Collated will be understanding of those who reject the compensation due to emotional neglect, as well as the look of those who are striving for proper repair materials, given the breach of a legal duty relating to parenting. The rationale for each chain will support the adoption of a personal lines position to be defended in thirst for final consideration.