A situação jurídica do abandono afetivo na legalidade civil-constitucional

Abstract

The purpose of this article is to develop a civil-constitutional line of research surrounding the matter of affective abandonment, and to understand how Brazilian courts have been beginning to respond to the subject. Country law maintains that pecuniary compensation does not achieve the desired result, and a reanalysis of the subject is critical. Studying alternative methods can achieve the intended outcome, which is to reestablish the parental bond and ensure constitutional protection to minors. In light of the absence of positive regulation, the subject under study encounters difficulty being able to be defined and indemnified, and therefore must be understood as a complex, independent situation that deserves the subjectivism derived from the Rights of Personality. Based on constitutional principles, especially those relating to the Dignity of the Human Person, measures must be taken to ensure children and adolescents are given healthy opportunities to grow, which will serve as foundations for the construction of an effective and human understanding of the judiciary that advocates for social peace.