Aborto de filho nascido: a banalização social do abandono de filhos por seus pais

Abstract

The objective of this article was to analyze the disparity between the treatment granted to women who choose to abort their child before coming to the world in relation to the man who, by free choice, also chooses not to relate to his child, in this second case , after birth. For that, the foundations and necessary research for the analysis of this dissimilarity, mainly attributed socially and legally, were presented. The theme gained notoriety with the arrival of several actions to the judiciary, claiming the civil responsibility resulting from the abandonment affective, that would be this abandonment committed by the man, thus condemning him, to indemnify the child for moral damages. However, the understanding on the matter is not peaceful, the courts understand that it is not possible to force someone to love another person, removing the duty of reimbursement. The consequences of pregnancy on a woman, both physical and social, as well as the importance of the paternal presence for the psychic development of the child and the adolescent, as well as the consequences of their absence, were studied. It was thus addressed that both cause irreparable damage and need to be treated in a similar way. Finally, differences in the decisions of the judiciary were taken into account, and it has been realized that compensation for moral damages has been one of the means to alleviate the suffering caused by affective abandonment. However, as seen, it is still not a unanimous understanding. The method used was the descriptive analytic, through bibliographic research.