Parental neglect and affective abandonment in family law: Análise jurídica e psicológica das consequências e medidas de proteção

Authors

Dayane Avelar Capelle
Thalita Rodrigues Machado

Keywords:

parental abandonment, emotional abandonment, family law, civil liability, emotional development, child protection

Synopsis

The present work addresses the legal and psychological consequences of parental and emotional abandonment in the context of Brazilian Family Law. Parental abandonment, which includes physical, emotional, and material neglect, compromises the holistic development of children, while emotional abandonment, characterized by the absence of emotional bonds, can cause deep and lasting traumas. This study aims to differentiate the various forms of abandonment, identify their causes, and analyze the legal responsibilities of parents according to the Civil Code and the Statute of the Child and Adolescent. The research also explores the growing jurisprudence that recognizes the possibility of civil liability for emotional abandonment, as well as highlighting the psychological implications for the affected children. The work concludes that the comprehensive protection of children and adolescents requires a multidisciplinary approach that involves both the legal and psychological fields, with an emphasis on the importance of healthy emotional bonds for emotional development. Family mediation and proposals for legislative changes are discussed as ways to prevent and address parental and emotional abandonment.

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Published

December 13, 2024