scholarly journals Das implicações do abandono afetivo nas relações familiares

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Valéria Silva Galdino Cardin ◽  
Nádia Carolina Brencis Guimarães ◽  
Caio Eduardo Costa Cazelatto

RESUMOCom a promulgação da atual Constituição Federal, as crianças e os adolescentes ganharam a proteção especial do Estado e são titulares de inúmeros direitos e garantias. O descumprimento dos direitos constitucionais dos infantes ocorre no seio familiar por meio do abuso do poder familiar. O afeto e a convivência familiar são elementos indispensáveis à formação da personalidade e da individualidade de uma pessoa. A relevância da participação de ambos os genitores no desenvolvimento de uma criança é significativa, já que as figuras paterna e materna representam papéis distintos na vida de um infante. Ressalta-se, que os filhos negligenciados são mais suscetíveis a desequilíbrios psicológicos. O descumprimento dos deveres parentais tem possibilitado ações de responsabilidade civil por ato ilícito causador de dano moral. A indenização seria o último recurso na tentativa de amenizar os danos psicológicos causados pelo abandono, já que na maioria das vezes não é mais possível restabelecer os laços de afeto. Por meio da evolução doutrinária, legislativa e jurisprudencial procurou-se demonstrar a pertinência do tema para a ampliação da responsabilidade advinda pelo não exercício da parentalidade responsável.PALAVRAS-CHAVEDireito de Família. Responsabilidade civil. Abandono afetivo. ABSTRACTWith the ratification of current Brazilian Constitution, children and adolescents acquired special protection from the state and are entitled to numerous rights. The violation of constitutional rights of infants occurs within the familial intimacy through the abuse of parental power. The affection and the family life are vital components to the formation of personality and individuality. The relevance of both parents’ participation in the child´s development is significant, since the paternal and maternal figures represent distinct roles in the infant´s life. It is noteworthy that neglected children are more susceptible to psychological unbalances. The non-compliance of parental duties has enabled liability actions on the cause of pain and suffering. Compensation is a last resource in an attempt to minimize the psychological damage caused by abandonment, since most of the times it is no longer possible to restore the bonds of affection. Through the study of previous works, cases and the legislative evolution, the relevance of the theme is demonstrated in order to favor the increase in liability arising from the non-exercise of responsible parenting. KEYWORDSFamily law. Civil liability. Emotional abandonment.

Hypatia ◽  
1996 ◽  
Vol 11 (1) ◽  
pp. 4-29 ◽  
Author(s):  
Martha Minow ◽  
Mary Lyndon Shanley

This article discusses three main orientations in recent works of legal and political theory about the family—contract-based, community-based, and rights-based—and argues that none of these takes adequate account of two paradoxical features of family life and of the family's relationship to the state. A coherent political and legal theory of the family in the contemporary United States requires recognition of the relational rights and responsibilities intrinsic to family life.


2020 ◽  
Vol 2 (2) ◽  
pp. 170-183
Author(s):  
Joko Santoso

Today's family members face increasingly difficult situations. Changes in the times have shifted and shot far, which has an impact on the pattern of family life. So that the family must rebuild and rebuild a foundation that can answer the needs of the times and be in line with God's teachings. The family in managing and laying the foundation for future generations must have a solid foundation; Includes the foundation of family understanding, the foundation of family relationship patterns, the foundation of family goals, and the foundation for achieving goals. To find the results of this study using a qualitative approach that is based on the initial step by collecting the required data, then clarification and description are carried out. Meanwhile, the results are obtained through creating concepts that reveal one's personality and views of the future. Membina keluarga dizaman sekarang ini menghadapi situasi yang semakin sulit. Perubahan zaman telah bergeser dan melesat jauh, yang berdampak pada pola kehidupan dalam berkeluarga. Sehingga keluarga harus merekonstruksi ulang dan membangun kembali pondasi yang dapat menjawab kebutuhan zaman dan sejalan dengan ajaran Tuhan. Keluarga dalam pengelolaan dan menanamkan pondasi bagi generasi penerus harus memiliki dasar yang kokoh; meliputi pondasi pemahaman keluarga, pondasi pola hubungan keluarga, pondasi tujuan keluarga, dan pondasi pencapaian tujuan. Untuk menemukan hasil penelitian ini menggunakan pendekatan kualitatif yang didasarkan pada langkah awal dengan mengumpulkan data-data yang dibutuhkan, kemudian dilakukan klarifikasi dan deskripsi. Sedangkan hasilnya didapatkan melalui membuat isntrumen konsep-konsep yang menyingkapkan kepribadian diri, menggali potensi dan pandangan terhadap masa depan.


2001 ◽  
Vol 2 (1) ◽  
pp. 27-42 ◽  
Author(s):  
Udo Schmälzle

From the introduction of compulsory education on, there is a competition between the state and parents with regard to the question who is responsible for the education of children. The author holds a playdoyer for partnership between school and parents. Schools need this partnership if one looks to the importance of the family for the formation of identity of children. At the end of the article, different forms of partnership are presented and also results of research carried out by the author.


2020 ◽  
pp. 40-45
Author(s):  
U. N. Raimjanova

In modern conditions, a special role in strengthening family relations can be played by the state, interested in preserving and strengthening the institution of the family. In different countries, the state policy towards the family depends on the traditions, the legislative framework, the level of economic development and the problems that characterize the course of family life in a given state.


Author(s):  
Charlotte Greenhalgh

The family lives of elderly people attracted fresh concern in the postwar years when more old people lived alone and used welfare services. Sociologist Peter Townsend spent many hours speaking with each of 203 interviewees when he researched the topic in East London in 1954–1955. Townsend highlighted ignored contributions of older people to family life. He showed that families, not the state, did the real work of aged care. During interviews, older people told life stories that illustrated their hard work and stoicism, and that challenged sociological theories. Most did not fear death, but only the suffering of loved ones. While a few could not find the words, the majority were confident storytellers: this chapter explores their unpublished stories.


2013 ◽  
Vol 30 (3) ◽  
pp. 445-453 ◽  
Author(s):  
Débora Silva de Oliveira ◽  
Eda Regina Doederlein Schwartz

From a legal and psychological standpoint, this article examines some aspects involved in adoption, including the effects of the alterations made to the Statute of Children and Adolescents by the National Adoption Law. It verifies whether or not the Law accelerated the performance of adoption processes. This paper is based on bibliographic searches and statistics from Rio Grande do Sul. Results show that the Law was innovative in many aspects but ceased to tackle others, such as adoption by homosexuals. Proceedings have become more bureaucratic, and the number of adoptions in the state, according to the records, remains insignificant. The New Law has not yet achieved its objective of accelerating the adoption process. Institutional sheltering, which should be temporary, at times becomes permanent, which contradicts the right of children/adolescents to family life and results in significant psychological damage to them.


1975 ◽  
Vol 34 (3) ◽  
pp. 613-630 ◽  
Author(s):  
William L. Parish

Though there have been in China since 1949 occasional deviations in the policy regarding family life, some ideals enunciated at the start of the revolutionary regime have remained constant. The dominant policy has been that the family should be retained and its strengths used. However, family commitments should not interfere with commitments to the state or the collective, and within the family feudal customs should be eliminated. The parents' stranglehold over the lives of their children should be broken. Children should be able to marry without parental interfence. There should be no buying and selling of brides, and big, ostentatious and wasteful wedding feasts should be stopped. In an effort to limit births, marriages should be delayed to age twenty-three for girls and age twenty-five for boys in rural areas. As part of the program for more equal treatment of women, parents should show no favoritism towards boys. Women like men should work in the fields, and nurseries should be established so as to help women join in productive work. At more sporadic intervals, young children have been urged to teach their parents about the thought of Mao Tse-tung in order to rid them of old feudal ideas.


Author(s):  
Rosa Monteiro ◽  
Liliana Domingos

This article presents the main results of qualitative research on the sense that peoplehave of the right to public support for the reconciliation of work and personaland family life, in the case of staff of a local authority in northern-central Portugalthat is the object of an equality plan. The authors conclude that: the sense that thereal content of rights is small is reflected in a limited awareness of the obligationsthat pertain to the state, employers and society in general when it comes to providingservices and support for the family; reconciliation problems are individualisedand privatised; people have low expectations as to the support they are likely toreceive from their employer and the state; and they are thus unlikely to mobiliseand demand access to rights.


Author(s):  
A. V. Noskova

The paper describes some common peculiarities in evolution of the State family politics and policies in Europe since the middle of the XIX century to our days. Неге we define the family policy widely enough as the state activity (ideological, legislative, economic, social) concerning a family. The State family policy has four main dimensions such as demographical, social, gender and existential ones. The analysis of the long-term trends in European family policies made it possible to draw four main periods in its evolution. A set of the main problems, priorities and practices is defined for each period. The article also presents the links between the origin of every new period and the changing families, demographical and social realities. The first period (from the second half of the XIX century till the end of the 1940th) is described as the institutionalization of the European family policy. The main problem of this period is the demographic one. The links between the institutionalization of the European family policy and the changes in family life, demographic and social changes in the boundary of the XIX-XX centuries are shown. The second period (the 1950th) is characterized by the development of the social dimension as a part of the becoming European welfare state. In 1950-s, the main focus in family policies was made on the overcoming of the family poverty. The third period (the 1960th – the end of the 1980th) is characterized by a pluralization of the problems, strategies, measures of family policy under the influence of the differentiation of family structures and styles of family life. The fourth period (from the beginning of the 1990th to the present time) deals with reformatting of the conventional relations of the state and a family in the conditions of a new family, demographic, social and economic European context. The article presents the diversity of the family policy models in the European countries in their connection with the political and ideological factors. Special attention is paid to interdisciplinary scientific family studies which are directed to the practical solution of the modern family problems. It is noted that the European scientific centers for family studies and researches play a significant role in the scientific maintenance of European family policy.


2014 ◽  
Vol 14 (2) ◽  
pp. 207
Author(s):  
Assis Moreira Silva Júnior ◽  
Luis Fernando Severino

RESUMO Neste artigo são tratados casos em que o modelo de proteção exige alterações pontuais em relação aos personagens, garantindo-se o direito à estabilidade-gestante e à licença-maternidade não apenas à mulher, mas também ao homem, em alguns casos excepcionais que abordamos, quais sejam, viúvo cujo falecimento da esposa tenha se dado por complicações decorrentes do parto, genitor solteiro, casal homoafetivo e genitor ou futuro genitor que seja o único provedor da renda familiar. Há necessidade de compatibilização entre as matérias normativas de diferentes disciplinas, com alterações legislativas que aumentem o manto protetor, com especial atenção para a entidade familiar, que goza de especial proteção do Estado. Mas isso não impede o gozo de tais direitos para os casos excepcionais mencionados, tendo em vista a interpretação sistemática do texto constitucional.   ABSTRACT This article deals with cases where the protection model requires specific changes in relation to the characters, ensuring the right to pregnancy stability and maternity leave, not only to women but also to men, in some exceptional cases that we discussed about, as a widower whose wife’s death has been given from complications through childbirth, single parent, homosexual couple and future parent who is the unique provider of the family income. There is need for compatibility between the normative subjects from different disciplines, with legislative changes that increase the protective mantle, with special attention to the family entity, which enjoys special protection by the State. But this does not prevent the enjoyment of such rights to the exceptional cases mentioned, in view of the systematic interpretation of the constitutional text.


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