AFFECTIVE ABANDONMENT: LIMITS OF ITS CONFIGURATION AND EFFECTS IN THE ABSENCE OF PRIMARY REGULATION

Abstract

Affective abandonment represents a delicate reality that manifests itself through the absence or negligence of care on the part of parents or guardians in relation to dependent children, adolescents or adults. Although there is no specific primary regulation for this phenomenon, it has attracted attention in the legal, psychological and social fields due to its significant impacts on the physical and psychological development of the people involved. Jurisprudence plays a crucial role in the interpretation and application of law in the face of this legislative gap, always seeking to prioritize the best interests of the child and guarantee the protection of children's emotional rights in situations of emotional abandonment by parents or guardians. This article examines the configuration limits and effects of affective abandonment, especially considering the absence of primary regulation. Affective abandonment occurs when there is negligence on the part of parents or guardians, profoundly affecting the physical and psychological development of the affected person. Despite its importance, legislation often does not specifically address this issue, leaving gaps that make it difficult to hold those responsible legally accountable. The recognition of affection as a legal value and legislative initiatives, such as Bill 3212/2015, represent important steps to address this legal gap and protect individuals affected by emotional abandonment. However, a continuous effort is essential to develop policies and normative instruments that guarantee the full realization of fundamental rights in the family context, promoting healthy and respectful family relationships.