A afetividade como valor jurídico e a possibilidade de responsabilidade civil por dano afetivo no ordenamento pátrio

Abstract

The Federal Constitution has intrinsically in its content a duty to care for parents with their children, denoting implicitly the principle of affection in family relationships. The emotional distance created by the absence of parents can cause damage to the personality of the child and adolescent. Having consequently the aggrieved the subjective right to civil redress resulting from emotional damage. The study aims performing an approach on affection and its value to the Brazilian legal system, with the aim of verifying the possibility of civil compensation for moral damage as a result of emotional abandonment, in the case of family solidarity also in vogue in Magna Charta. The methodology used was the consultation and analysis of the 1988 Major Law and diplomas pertaining to the matter now studied, and the literature of many scholars and jurisprudential positions facing the subject. It was observed in the study of the transition from the patriarchal family to the affective family, bringing as main point the affection as element that characterizes its formation. Care must be taken so there is no monetization of affection, not trivializing such indemnification, if necessary, the causal link between the lack of affection and emotional damage suffered by the child or adolescent. Aware that there are still divergent positions in Brazil, but the current trend, arising from the Supreme Court, for civil damages for emotional distance.