AFFECTIVE ABANDONMENT IN BRAZIL: a study in the light of the violation of the right to the personality of the human person, from the jurisprudential perspective

Abstract

The present study examines the possibility of punitive damages in cases where the father does not have the true paternity, giving love and affection to their children. In this perspective, one starts with a focus on the Institute of Liability, discussing a brief history of its evolution and the elements necessary for your configuration, with more emphasis on addressing the damage. As a result, demand will lead the reader for the content of Family Law, bringing to the fore the importance of paternal-filial affection and damages arising out of your absence. In this sense, there are two streams of doctrine: first, positive, which upholds the order the payment of compensation for emotional distance and the second negative, which denies the possibility. Finally, it analyzes the jurisprudential position and points to new perspectives on the legislative issue, concluding the analysis of each case for conviction or not by emotional distance.