Reflection concerning the civil liability Family Law: Son-moral injury × Father-affective abandonment. And the family?

Abstract

This work proposes a reflection concerning the applied civil liability to the family law, institute to support the demands of the son asking for reparation to the father for the moral injury by affective abandonment. For sure that the family has changed, that its constitutional protection was increased as well as the child and the teenager, here represented by the son, receives integral protection. The rights of the children and the duties of the parents can’t be forgotten, but in a contextual zed way, as in the case, in the environment of conjugal dissolution of the corporation, environment of rupture in which the conflict and the dispute are incited. The parents do not understand themselves and the children are displayed to a series of situations that can generate psychological shock that can last for a long time. The applied civil liability in the family law doesn’t get by the legal devices to happen on the father’s behavior to determine as illicit; in the same way, consequently, it doesn’t get the causality nexus because it isn’t possible to point as an only behavior the production of damage. Fact is that the demands with decision of definitive origin do not satisfy the son because the psychological damage isn’t restored; on the contrary, it is aggravated, since the family relation of affection won’t exist for the account of the definitive rupture between father and son. One of the alternatives for the familiar conflicts is the mediation where father and son have the possibility of forgetting the past, focuses the future and restores the relation of familiar affection.