A destituição do poder familiar por abandono afetivo

Abstract

The study analyzes the removal of parental authority as a consequence of emotional abandonment, under the perspective of the constitutionalization of Civil Law and the recognition of affection as a legal principle. It examines the evolution of parenthood and the role of parental authority as an instrument for the comprehensive protection of children and adolescents, emphasizing the importance of affection within family relationships. The research, qualitative and bibliographical in nature, uses doctrine, legislation, and case law to demonstrate that emotional abandonment constitutes a serious violation of parental duties, as it compromises the emotional and social development of the child. It concludes that, although emotional abandonment is not expressly provided for in Article 1,638 of the Civil Code, its severity allows for recognition as a legitimate cause for the removal of parental authority, in accordance with the principles of human dignity, affection, and the best interest of the child.