THE STANDARDIZATION OF AFFECTIVE ABANDONMENT: CHANGES TO THE CIVIL CODE AND STATUTE OF CHILDREN AND ADOLESCENTS BY BILL NO. 3,012/2023

Abstract

The present research aimed to provide a study on the possibility of regulating affective abandonment by Bill No. 3,012/2023, as well as its compliance with the principles that govern affiliation contained in the Federal Constitution, taking into account the need for the institute to establish as a norm in the legal system so that the understanding regarding civil liability for emotional abandonment is pacified. I begin with an analysis of the constitutional principles on filiation, followed by the duties inherent to family power, including the duty of affection itself. Based on the analyzes carried out, in the context between parents and children, it was discussed how failure to fulfill the duty of affection can be subject to civil liability for the abandoner and how the courts have confirmed their understanding since 2006, an important milestone in the recognition of the institute by the Superior Court of Justice, comparing jurisprudence to the contrary regarding the recognition of compensation for moral damage due to emotional abandonment and evaluating the votes of judges of the demands.