O afeto e o princípio da afetividade: uma análise jurisprudencial à luz da interdisciplinaridade

Abstract

This monograph conceptualizes affection through interdisciplinarity with psychology and neuroscience and differentiates it from the Principle of Affectivity, which is analyzed through doctrines. From this, it seeks to analyze how the jurisprudence of the Superior Courts, namely the Extraordinary Appeal 898.060/SC and the Special Appeals 757.411/MG and 1.159.242/SP, employ affection and the Principle of Affectivity within the Brazilian legal system. Continuously, it demonstrates the consequences of the judgments analyzed, in addition to the elements that characterize the unlawful act due to the lack of care - which is based on the Principles of Human Dignity, Best Interest of Children and Adolescents and Responsible Parenthood - in which it entails emotional abandonment and the necessary repair of damages. In addition, the applicability of moral damage is verified in a presumed way, that is, without the need to demonstrate the causal link between the abandonment of one of the parents with the damage suffered by the child.