Existe um direito fundamental ao afeto? : observação jurisprudencial acerca do abandono afetivo

Abstract

Affectivity is one of the most controversial issues in family law, and its recognition as a unifying factor in family relationships has social and legal consequences that reach all levels of society, reaching ethical, social and cultural issues. Therefore, the present work is based on the relevance of the theme in the defense of human dignity, in order to guarantee the individual the right of filiation, to know his parents and to be cared for by them, since the familiar coexistence shows incontested importance in the process of formation and structuring of the child. And in case of noncompliance with the parents' duty to care for their children, the Superior Court of Justice has granted monetary reparation for affective abandonment, as well as authorizing the rectification of a civil registry to exclude the paternal surname. Ultimately, confronting affection as a fundamental right is the subject of intense doctrinal and jurisprudential discussion. The affection observed here is not seen in the ordinary sense, but rather as affection of responsibility.