Abandono afetivo como direito indenizável ou mero aborrecimento: a idealização do afeto

Abstract

This academic paper aims to seek jurisprudential, doctrinal and normative form the abandonment of affection as an unlawful act and subject to compensation, the rights and duties inherent to children and adolescents, observing three main aspects: the unlawful or abusive human conduct; the damage to the child's person; and the causal connection between conduct and damage. Effectively, it sought to analyze existing jurisprudence on the sphere of the Court of Justice of Rio Grande do Sul and on the Court of Justice of São Paulo, where it was predominant in the judgments that without detailed proof of the main elements, in addition to effective proof of the injured right, with the performance of a psychosocial study, measuring whether there was damage, it would not be possible to grant a conviction, given that the understanding of the judges is that it would open the way for the monetarization of affection , since no one would be obliged to give love. However, the illicit act of affectionately abandoning a child may be recognized as an illicit act if approved, according to the Bill nº 3.212/2015. [resumo fornecido pelo autor]