A reparação civil dos danos existenciais decorrentes do abandono afetivo paterno: uma análise sobre a possibilidade do resgate de vidas nuas

Abstract

This dissertation attempts to answer whether it is possible to save bare lives-politically disqualified-by paternal affective neglect through civil liability. This study was structured around the hypotheses that: affectivity needs to be analyzed as a paradigm shift in family relations from the perspective of care, social and gender division of labor; that the compensatory protection of civil liability is insufficient to remedy the harm resulting from affective neglect – due to its nature as existential harm; the need for jurists to justify their decisions in a more creative and dense way, with the integration of compensatory protection with satisfactory protection; the political disqualification of the life of the abandoned child by affective neglect, usually by the father, which entails the need to redesign the structures of the capitalist world system, which is not possible only through the legal system. For this purpose, the Special Appeal n.º 1.159.242/SP of the Superior Court of Justice and the Civil Appeal n.º 2014.3.015267-3 of the Court of Justice of the State of Pará will be analyzed.