A afetividade enquanto princípio norteador do direito das famílias: análise das repercussões nas relações jurídico-familiares que envolvem a obrigação de prestar alimentos

Abstract

This paper aims to analyze the relevance of the application of the principle of affectivity in family law, especially with regard to the demands that involve the obligation to provide food. In order to do so, it carries out a world historical panorama, highlighting the changes suffered in the concept of family over the years. In the Brazilian context, it seeks to highlight the constitutional legal treatment given to families, from 1824 to the Federal Constitution of 1988, which, based on the dignity of the human person, promoted an abandonment of the patrimonialist logic and began to protect families in a more humanized, recognizing them in their repersonalized perspective, based on ties of affection. Thus, the paper discusses the legal nature of affectivity, highlighting the need for it to be recognized as a legal principle that is implicit in the Federal Constitution of 1988 and which is the guiding principle of family law. From this, the work investigates the possibility of applying the principle of affectivity to the various demands arising from family relationships, especially those involving the obligation to provide food from parents to their children. Thus, it discusses the concept, characteristics, assumptions and ownership of food obligation, highlighting the peculiar nature of this obligation, both because it is characterized by a high degree of subjectivity and complexity, and by the fact that it involves the right to food. In view of this, the work emphasises that it is essential that such family relationships be protected from the application of the principle of affectivity, so as to consider the subjective nature that permeates the obligation to provide food. For the elaboration of the work was used the deductive method, starting from general ideas and concepts, for specifics. Also, to support the development of the present work, bibliographical research was used, based on information obtained in books, articles published in scientific journals, monographs, dissertations and legal theses on the topic discussed. In addition, quantitative data obtained from reports from official departments were used.