O abandono afetivo como ilícito civil: análise do projeto de Lei do Senado nº 700/2007

Abstract

The Senate Bill 700/2007, in which it is currently being processed as a priority in the House of Representatives under the number 3212/2015, amends Law 8.069 of July 13, 1990 (Statute of the Child and Adolescent) to characterize the affective abandonment as a civil unlawful. According to the project, between the duties and objectives of the State, together with society and the family to ensure children and adolescents, the right to life, health, food, education, leisure, according to Article 227 of the Federal Constitution, there is the "duty to accompany the formation of children, guide them at the most important moments, provide them with solidarity and support in situations of suffering and, to the extent possible, have them come when the minor spontaneously demands their company". In the face of this objective, the project intends to establish an unequivocal rule so that the emotional abandonment is considered as unlawful conduct subject to civil reparation. The proposal was approved by the Constitution, Justice and Citizenship and Human Rights and Participative Legislation Commissions of the Federal Senate and by the Social Security and Family Commission of the House of Representatives, and was forwarded to the Constitution, Justice and Citizenship Commission of the House of Representatives. This work intends to make an analysis of the Bill, exposing basic notions of the current legal system regarding the abandonment of family assistance, in strict sense, the civil offense and the motivation, justification and objective of the bill in question.