Affective Abandonment from an Interdisciplinary Perspective
Dialogues between Law and Psychology
DOI:
https://doi.org/10.14393/RFADIR-52.2.2024.78032.%25pKeywords:
affective abandonment, civil liability, human dignity, Family Law, Legal PsychologyAbstract
This study analyzes affective abandonment from an interdisciplinary perspective, combining Law and Psychology to explore how their articulation can support mechanisms of protection and reparation for individuals in situations of affective vulnerability. The research is qualitative, theoretical, and bibliographic, also drawing on case law, and employs the deductive method to interpret legal norms, doctrine, and recent judicial decisions while integrating psychological aspects of the phenomenon. It discusses the concept of family and the principles of Family Law, emphasizing affectivity as a core element in parental relationships. The absence of affective bonds is examined as a form of neglect that significantly impacts the emotional, cognitive, and social development of children and adolescents. The findings indicate that affective abandonment represents a breach of parental duties, extending beyond material support to emotional and psychological protection, and may lead to civil liability for moral damages. By highlighting interdisciplinarity, the study underscores the importance of addressing both legal and psychological dimensions to guide more humanized judicial decisions and ensure the effectiveness of fundamental rights established in the Federal Constitution and the Child and Adolescent Statute. It concludes that consistent affective bonds are essential for comprehensive individual development, and that the recognition of affectivity as a legally protected interest strengthens parental responsibility, dignity, and full protection of children and adolescents.
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