A possibilidade da exclusão judicial do sobrenome paterno ou materno diante do abandono afetivo

Abstract

This academic work has as its theme the possibility of excluding the paternal or maternal surname in the face of emotional abandonment. In order to answer this problem, we analyzed in a jurisprudential, doctrinal and normative way emotional abandonment as an act liable to exclude the surname of the parent who abandons the child, based on personality rights, on the Brazilian civil registry, on socio-affective affiliation, in the principles inherent to family law, in the rights of children and adolescents and also in the understandings and consequences of emotional abandonment already known and dealt with by the national legal system. The general hypothesis is that it is possible to exclude the paternal or maternal surname from the civil registry of the child or adolescent when the emotional abandonment by one of their parents is proven, based on personality rights and on principles inherent to family law. The method of approach was the hypothetical-deductive, in order to verify the hypotheses that were pointed out, and the method of procedure was the monographic, in which case studies were carried out based on jurisprudence and bibliographic content. It analyzed in a jurisprudential, doctrinal and normative way emotional abandonment as an act liable to exclude the surname of the parent who abandons the child. The work was divided into three chapters, where the first deals with the right to a name, the second with the family and its historical evolution and the third with affective abandonment. The present research, by using all the means mentioned above, concluded that it is possible to exclude the paternal or maternal surname from the child's civil registry due to emotional abandonment. [resumo fornecido pelo autor]