Análise jurídica e sociopsicológica do abandono afetivo: estudo do resp nº 1.159.242 – SP.

Abstract

This monograph develops the perspective of a responsible parenthood, respect for the fundamental principles relating to children and adolescents under the Constitution of 1988 and the Statute of Children and Adolescents, to ensure the healthy development of young children, deterring any form of neglect, mainly affective. To discuss the issue was held bibliographic and documentary research in classical and contemporary works, both the specific area of law, as sociology and psychology. The primary focus of this work is emotional abandonment and civil liability of the parent since proven harm to mental and moral integrity of children. Initially, it presents content-evolutionary history of the family concept from vision to vision contemporary patriarchal family. Below is a brief analysis of the current Civil Code, with considerations on the Status of Children and Adolescents, which reflected a shift in the focus of the minor before seen as an object of interest to adults and now treated as a subject of rights worthy of protection full and absolute priority. Will analyze the main constitutional principles sympathetic to the issue, highlighting the principle of human dignity, of full protection to children and adolescents, responsible parenthood and affection, and the right and importance of the presence of parents in the child's life. Secondly, we make an analysis on types of manifestations of emotional neglect and major social psychological consequences. Inaugurating the issue of liability is discussed about its impact on relations of affection, particularly on relations paternal-branches. Finally, a study is done on the unpublished decision from the Supreme Court, in favor of the thesis, which focused as theoretical generating repercussions in the legal and boosted Bill 700/07 which provides for the criminalization of emotional abandonment in the Child and Adolescents. At this point, the work also presents criticisms and explanations about other controversial cases in law.