THE REMOVAL OF THE PARENT FROM THE CIVIL REGISTRY DUE TO EFFECTIVE ABANDONMENT

Abstract

Parental abandonment constitutes a violation of family duties and undermines the emotional, social, and identity development of the child or adolescent, becoming an increasingly significant challenge in contemporary family relations. In this context, the present study aimed to analyze the legal implications of affective and material abandonment, with emphasis on the possibility of excluding the parent from the civil registry as an exceptional measure to protect the dignity and fundamental rights of the minor. This research was conducted through bibliographical and documentary methods, with an exploratory and descriptive character and a qualitative approach, developed through the analysis of specialized doctrine, current legislation, and jurisprudential decisions from the Superior Court of Justice and State Courts. The findings indicate that, although the exclusion of a parent from the civil registry lacks specific legal provision, the courts have admitted such a measure in exceptional situations, when effective abandonment is proven and emotional harm to the child is demonstrated. The results show that parental abandonment generates not only civil liability for moral damages but also significant repercussions on the configuration of filiation and the child’s identity, potentially justifying the rectification of the civil registry. It is concluded that the removal of a parent’s name, although an extreme measure, may be legally admissible when necessary to ensure the full protection of the child, reaffirming affection and care as essential values of responsible parenthood.