Os efeitos do dano afetivo no direito civil contemporâneo

Abstract

With the advent of the Federal Constitution of 1988, in addition to other principles, the principle of the dignity of the human person and solidarity was highlighted, consecrating the bonds of affection in family relations. This occurred naturally and necessary, in view of the transformation of society and the new forms of family. Thus, the recognition of socio-affective paternity, independent of genetic or biological ties between parents and children, has arisen. They are relationships founded basically on affection, love and protection. However, it is necessary to study the effects of this new family institute, both personal and patrimonial. As for the lack of affection, the presence of the parents is of paramount importance for the physical, psychological and moral development of the child and the adolescent, and the abandonment of affective paternal (or maternal) can generate incalculable damages to the formation of the character and personality of this child. Parental abandonment causes moral damages to the child, as it offends the principle of the dignity of the human person, vehemently defended by the Federal Constitution, as well as harm to their identity, which can affect their future life. Faced with existing polemics, such as the obligation to love, the possibility of demonstrating the harm or monetization of affection, the Doctrine has already acknowledged to be possible, and the courts are increasingly inclined to recognize the possibility of indemnifying the child to prove who suffered damages due to the abandonment of affection on the part of the one who owed him not only love, but above all care and protection.