A possibilidade de destituição do poder familiar em função do abandono afetivo e adoção unilateral pelo padastro

Abstract

The Constitutionalization of Family Law had a great influence on the changes suffered by the filiation, due to the rise of affectivity as a legal principle guiding family relationships. So, the filiation is now based not only on the biological bond, but also on the affection shared within the paternal-filial relationships. Therefore, the present research aims to discuss if paternal affective abandonment constitutes a reason for the destitution of parental authority, in order to allow the unilateral adoption by the stepfather with whom the stepson has built socio-affective bonds. For this purpose, a study was made about the institute of filiation and its species, as well as about affective abandonment itself and the damage it can cause to the child and adolescent. Furthermore, an explanation was made regarding the hypotheses of extinction, loss and suspension of parental authority, in order to conclude the possibility of destitution of family power due to affective abandonment, which, consequently, makes possible the unilateral adoption by the stepfather, who truly attributes meaning to the responsible paternity in the life of the abandoned child.