EXCLUSION FROM PATERNITY DUE TO AFFECTIVE ABANDONMENT

Abstract

Affection is the main characterization of family formation. Therefore, when there is a lack of affection for one of the parties, the family bond is broken. Faced with this scenario, this study aimed to discuss the possibility of excluding paternity in the face of affective abandonment. In the methodological field, a bibliographical review was carried out, based on scientific articles, books, periodicals, jurisprudence and current legislation on the respective topic. Data collection was carried out through databases such as Scielo, Google Scholar, among others, from 2018 to 2023. The results showed that courts can recognize emotional abandonment as a form of negligence or violation duty of care, subject to civil liability. This can result in legal actions in which parents or guardians may be held responsible for the emotional damage suffered by the child due to emotional abandonment. In cases of separation or divorce, emotional abandonment can be considered a relevant factor in determining child support. Courts may take emotional abandonment into consideration when deciding financial and custody matters to ensure the well-being and healthy development of the child. In some extreme cases, courts may recognize emotional abandonment as a violation of the child's fundamental rights and award compensation for moral damages. This occurs especially in situations where emotional abandonment results in significant and lasting emotional damage to the child.