Abandono afetivo e responsabilidade parental : uma análise de decisões do TJ/SE

Abstract

Cases of affective abandonment of children by their parents have been growing in contemporary times. This situation has been provoking a multiplicity of demands for the Brazilian legal system and greater action by the legislator in the sense of making parents responsible when they neglect the care and duties (material and affective) with their children. Although Brazilian law does not expressly provide for a legal provision to hold civil liability for emotional abandonment, the present sought to analyze the possibility of repairing the damage caused to children who are abandoned emotionally by their parents, examining the position of the domestic jurisprudence, with emphasis on the Court of Justice of Sergipe (TJSE), on indemnity for moral damage in cases of affective abandonment by the parents. The methodology applied was bibliographic research, with a qualitative approach. The research sources were books, theses, articles and periodicals, on the subject and documentary sources corresponding to decisions of the Supreme Court of Justice (STJ) and the TJ / SE on the matter, also taking as a parameter the legal provisions enshrined in the Federal Constitution of 1988, in the Civil Code and the doctrinal and jurisprudential understanding, including those judged on the theme. As a result, the analysis revealed that, in both Brazilian doctrine and jurisprudence, affective abandonment is rife with many controversies and discussions about the possibility of repairing the damage caused by parents who affectively abandon their children, with disagreement between indoctrinators. What was verified in the cases judged by the TJSE, was that this Court has been following the same position of the national jurisprudence, which has a solid understanding that favors the indemnity actions, by proving the illegal act and the damages caused, as it is not enough to just prove the physical detachment from the parents, but to prove, through psychosocial, the damages and the consequences that this caused.