Vínculo paterno e afetividade: a destituição de paternidade em face do abandono afetivo

Abstract

This research addresses the removal of paternity due to emotional abandonment, highlighting the relevance of affection as a fundamental legal principle in Brazilian Family Law. Throughout the work, it discusses how historical and social evolution has transformed the concept of family, leaving behind rigid models based on biological or patrimonial ties to recognize the centrality of affection in family relationships. In this context, emotional abandonment is presented as a violation of parental duties that may require the loss of the legal bond in specific situations, considering the emotional and psychological impacts on the upbringing of children. The research adopts exploratory methods that include a bibliographic review, documentary analysis and presentation of cases as examples, which illustrate situations in which emotional abandonment has motivated legal actions related to the father-child bond. Although it does not dedicate itself to an exhaustive analysis of the jurisdiction, the work seeks to exemplify how constitutional principles, such as the dignity of the human person and affection, guide judicial decisions and the doctrinal construction on the subject. Thus, the study offers a relevant contribution to the academic and practical debate on the role of affection in family relationships, in addition to providing reflections on normative gaps and challenges faced by legal practitioners in this field.