Danos morais por abandono afetivo do pai em relação ao filho

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

With the purpose of demonstrating that parents can be responsible before the children for neglect in the duty of affection, well explain generic concepts of the civil responsibility, the hypotheses in that this institute is and it can be admitted in the Family Law, the transformations in the family relationships above all in the parental relationships (that will have their resolved characteristics) and, finally, the possibility and benefits of applying the civil responsibility in favor of children that suffer affectionate abandonment. The main motivation for the choice of the theme seats in the faith that the family relationships should not be immune to the incidence of the civil responsibility, if infringed juridical duties (with actions or omissions) with consequent damages to moral patrimonies. In the parental relationships, essentially, inadmissible that the parents neglect on inherent duties to the family power, among them the affectionate attendance - situation that frequently devastates the Brazilian families. For the intended study, we will use research bibliographical and documental and will focus our attention: i) to the definition of civil responsibility, with prominence to it essential requirements, ii) to the analysis of the parental relationships and inherent duties to the family power, iii) to the importance of the affection as children s right and parents duty. Appraised those guidelines, we will conclude that the omitted father s condemnation, besides juridically possible, it is beneficial to the affected children and also for the society, that gradually will see a common behavior and many times acceptable with rigorous censorship - the hostility and contempt with that children are treated by their fathers

ASSUNTO(S)

responsabilidade (direito) -- brasil afeto (psicologia) filiation affection filiação pais e filhos direito civil dano moral -- brasil civil responsibility responsabilidade civil direito de familia -- brasil family law

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