O abandono afetivo deve ser indenizado? reflexões jurídicas, psicológicas e sociais

Abstract

Brazilian law stipulates that it is up to the parents to create, educate, accompany and to guard the minor child. It turns out that, in many cases, parents do not act in accordance with what is expected of its social role and the possible outcomes of this are the lack of coexistence and affective support. It is discussed, in this paper, whether the affective abandonment due to noncompliance of duties resultant of family power could lead to compensation for moral damage. In response to questioning, it was made use of the indirect documentation (doctrine, jurisprudence), plus direct documentation (field), which consisted of the collection of data obtained by means of semi-structured interviews with judges, psychologists and sociologists. To analyze the data we used the qualitative content analysis method. It was noted that only with the analysis of the case it is possible to check when the breach of duties causes damage subject to compensation. It is necessary to consider how and by whom were exercised the paternal and maternal places in childhood and, from there, check out the effects, the parent’s fault and causation of the damage. The compensation for affective abandonment becomes adequate to compensate for the negative moral support. In addition to the compensatory role, there is a punitive function for the offender and a pedagogical character of social demotivation of the damage conduct.