Abandono afetivo: uma crítica aos projetos de lei em tramitação no Congresso Nacional.

Abstract

The issue of emotional abandonment poses a problem that requires multidisciplinary and more in-depth discussions. This is a topic that requires an approach with less idealism and more practical considerations. It is observed that this theme provides yet another way for the State to enter even more into the private sphere, a fact facilitated by the occurrence of poorly prepared bills that try to typify the lack of love. The invasion of intimacy occurs, also, through judicial decisions in civil liability processes for moral damage resulting from emotional abandonment, which recognize the duty to indemnify, according to the majority understanding. Affective abandonment must be dealt with in the field of law only through the mediation tool, and if unsuccessful, it becomes a subject for professionals who can help people deal with their frustrations, losses, rejections and abandonments, as this is all part of the life. Feelings are born spontaneously, but when they are not born this fact does not constitute an illicit. Due to the complexity of the topic and the lack of a specific rule, the present study analyzes laws, judicial decisions, legal doctrines and other areas of knowledge aiming that this work can integrate and enrich the debate about the issue of emotional abandonment.