LEGAL EVOLUTION OF AFFECTIVE ABANDONMENT IN BRAZIL

Abstract

This article analyzes the legal evolution of the concept of emotional abandonment in the Brazilian context, highlighting its importance in family law. Initially, the historical origins of emotional abandonment and its recognition as a violation of the fundamental rights of children and adolescents are presented. Next, the main legislative and jurisprudential changes that have occurred over time are discussed, including the influence of international treaties and the interpretation of higher courts. The article also addresses the challenges faced by legal practitioners in characterizing and quantifying the moral damage resulting from emotional abandonment, as well as the different approaches adopted by Brazilian courts to deal with this delicate issue. Furthermore, the possible legal consequences for those responsible for emotional abandonment are analyzed, including the application of coercive measures and compensation. Inductive approach methods were adopted; bibliographical research procedure, of a theoretical-practical nature.