A desmonetarização do dano moral na reparação por abandono afetivo

Abstract

Considering that the human being has become the center of the legal system, and therefore deserves extensive protection, especially with regard to its dignity, new reparation demands are seen in the scope of civil liability and family law , in the meantime, the objective is to evaluate the affective abandonment as indemnifying damages, its meaning by the courts of the courts and by the doctrine, as well as the possibility of dismantling the indemnification for moral damages. To do so, we proceed to the bibliographic review, exploring, in the studies already produced about the theme, new hypotheses, in order to develop the present study. In this way, it can be observed that civil liability has the potential to overcome the logic of cause and consequence and to establish itself as an institute capable of promoting human dignity in the context of family relations, through mechanisms already existing in the judiciary but not yet exploited under this view.