scholarly journals ABANDONO AFETIVO INVERSO E A POSSIBILIDADE DE RESPONSABILIZAÇÃO CIVIL DOS DESCENDENTES

2020 ◽  
Vol 8 (2) ◽  
pp. 66-84
Author(s):  
Denize Aparecida Zanetti ◽  
Levi Hulse ◽  
Ivonete Moreira

A afetividade é um princípio muito importante no âmbito familiar, estando relacionado não, necessariamente, com o amor, mas com a ligação entre as pessoas da instituição familiar, tendo carga positiva, nesse caso, o amor entre os indivíduos dessa instituição, sejam consanguíneos ou adotivos e, negativamente, por intermédio do ódio.. A abordagem do estudo é sobre o abandono afetivo inverso, aquele em que os descendentes abandonam materialmente e afetivamente os genitores quando mais precisam da ajuda dos familiares mais próximos. Portanto, o presente trabalho tem como objetivo de analisar a responsabilização civil dos descendentes no abando afetivo dos genitores. A metodologia adotada foi a pesquisa bibliográfica narrativa, por meio do método dedutivo, com o auxílio de livros, artigos científicos, leis, jurisprudências, monografias, dissertações, teses e outros. Conclui-se que, primeiramente, foi abordado vários princípios constitucionais, os relacionados ao Direito de Família, muitos que embasam o relacionamento da família e levam à compreensão moral dos filhos ampararem seus genitores, tanto financeiramente como afetivamente; após, foi realizada a abordagem sobre os pressupostos que levam à responsabilidade civil, como a culpa presente, o nexo de causalidade o dano que, levados para o aspecto do abandono afetivo inverso, caso os filhos não amparem seus genitores, estará presente a culpa do agente, o nexo causal e o dano infringido ao genitores que, intuitivamente, quando não podem planejar a vida na velhice, ficando à mercê da boa vontade dos filhos, quando não de amigos e vizinhos; por fim,  evidencia-se que o tema, abandono afetivo inverso é recente, sendo por enquanto mais presente em julgados quando algum genitor abandona afetivamente seus descendentes, podendo utilizar-se dos mesmos princípios na situação inversa, por isonomia,  nos casos de abandono afetivo inverso, apenas deixando a ressalva que o amor é algo incondicional e não deve ser cobrado, mas sim os cuidados que a família deve ter com seus semelhantes sanguíneos ou adotivos, pois existe uma relação natural de solidariedade familiar e esta deve ser levada em consideração por estar de acordo com os demais princípios familiares que regem essa instituição social considerada a mais antiga da humanidade. Tudo isso leva à dificuldade dos tribunais deferirem o pedido de abandono afetivo por inconsistência dos fatos, bem diferente como abandono paternofilial que possui vastas decisões a favor do réu. Contudo, quando presente a responsabilidade civil do abandono afetivo do filho para com os genitores, por analogia aos casos de pais com seus filhos, deve-se ser feito o ressarcimento, apesar do Tribunal de Justiça do Rio de Janeiro não crer que possa ser quantificada essa situação com uma compensação monetária. Palavras-chave: Abandono Afetivo. Inverso. Responsabilidade Civil. Compensação. ABSTRACT: Affection is a very important principle in the family context, being related not necessarily to love, but to the connection between people in the family institution, having a positive charge, in this case, the love between the individuals of that institution, whether consanguineous or adoptive and, negatively, through hatred. The study's approach is about inverse affective abandonment, in which descendants abandon their parents materially and affectively when they need the help of their closest family members most. Therefore, the present work aims to analyze the civil liability of descendants in the affective care of their parents. The adopted methodology was the narrative bibliographic research, through the deductive method, with the aid of books, scientific articles, laws, jurisprudence, monographs, dissertations, theses and others. It is concluded that, first, several constitutional principles were addressed, those related to Family Law, many that support the family relationship and lead to the moral understanding of the children to support their parents, both financially and emotionally; afterwards, the approach was carried out on the assumptions that lead to civil liability, such as the present fault, the causal link and the damage that, taken to the aspect of reverse affective abandonment, if the children do not support their parents, the guilt of the child will be present. agent, the causal nexus and the damage inflicted on parents who, intuitively, when they cannot plan life in old age, being at the mercy of the goodwill of their children, if not of friends and neighbors; finally, it is evident that the theme, reverse affective abandonment is recent, being for the time being more present in judgments when some parent affects their descendants affectionately, being able to use the same principles in the inverse situation, by isonomy, in cases of affective abandonment conversely, just leaving the caveat that love is something unconditional and should not be charged, but the care that the family should have with their blood or adoptive counterparts, as there is a natural relationship of family solidarity and this must be taken into account by be in accordance with the other family principles that govern this social institution considered the oldest in humanity. All of this leads to the difficulty for the courts to grant the request for affective abandonment due to inconsistencies in the facts, quite differently as a paternofilial abandonment, which has vast decisions in favor of the defendant. However, when the civil liability of the child's emotional abandonment towards the parents is present, by analogy to the cases of parents with their children, reimbursement must be made, despite the fact that the Rio de Janeiro Court of Justice does not believe that it can be quantified. this situation with monetary compensation. Keywords: Affective Abandonment. Inverse. Civil responsability. Compensation.

Author(s):  
O. Tsarkova ◽  
H. Warina

The article is devoted to the analysis of the determinants of the successful establishment and functioning of the system of re-socialization of convicts. The relevance of this problem is determined by the contradiction between the need to return prisoners to a full life in society, the need to reproduce their family interaction skills, and the insufficient theoretical, methodological and methodical elaboration of this problem. The goal is to determine the features of resocialization and disclosure of the content and essence of adaptive family relations of convicts as a factor in the prevention of recidivism in modern scientific, theoretical and practical conditions of activity and functioning of the social and legal state. It has been determined that one of the most important aspects of the return of persons serving a sentence to a full-fledged life in society is the reproduction of their skills of adaptive social interaction, including adequate family behavior, correction of permanent and rigid role and behavioral stereotypes. The family relationship of the convicted person is considered as one of the reasons for his criminal behavior and the object of early prevention of unlawful behavior. Among the features of the family relations of convicts, the following characteristic is singled out: a significant weakening of their positive ties in society. The study led to the conclusion that the restoration of socially useful relations and the formation of adaptive family behavior, the legal status of the released without the provision of effective assistance is impossible. The resocialization of persons released from places of deprivation of liberty involves the active management of this process by penitentiary institutions and state bodies, the elimination or neutralization of negative factors that impede the return of persons who have served their sentences to socially useful activities. A comprehensive approach to the process of resocialization and to the study of this socio-legal category in modern conditions of humanization and democratization of society is needed.


2020 ◽  
Vol 5 ◽  
pp. 143
Author(s):  
John F. Velázquez Cedeño ◽  
Cristhian A. Cevallos Arteaga

La familia ejerce roles complejos en la recuperación del adicto, en donde los valores, sentimientos, emociones, son parte de un sistema en continua evolución y cambio, adaptándose, transformándose en relación con las presiones del medio en que se desenvuelven, siendo la relación familiar de gran importancia. Se considera a la familia como una herramienta de intervención valiosa para romper la negación de la persona adicta y así iniciar el proceso recuperación, pero en ocasiones suele ser la principal causa de que el paciente abandone el tratamiento e incluso provocar desliz y/o recaídas. Un elemento clave en la recuperación de las adicciones son sus familiares, tanto en su detección, aceptación, orientación, canalización, tratamiento y mantenimiento de la abstinencia provocada por la dependencia del consumo de una sustancia. Lo principal es que los familiares se integren en el proceso de recuperación de las personas drogodependientes, buscando estrategias preventivas para evitar el abandono del tratamiento basado en el manejo y entendimiento de la problemática de las drogas, así como también se busca que la familia sea parte activa promoviendo una recuperación de calidad que contribuya a fortalecer la personalidad de cada uno de los internos tanto en la familia como en la sociedad en general. PALABRAS CLAVE: Rol de la familia; proceso de recuperación; drogodependencia. ROLE OF THE FAMILY IN THE PROCESS OF RECOVERY OF DROGODEPENDENT PERSONS ABSTRACT The family exercises complex roles in the recovery of the addict, where the values, feelings, emotions, are part of a system in continuous evolution and change, adapting, transforming in relation to the pressures of the environment in which they operate, being the family relationship of great importance. The family is considered as a valuable intervention tool to break the denial of the addicted person and thus initiate the recovery process, but sometimes it is usually the main cause of the patient leaving the treatment and even causing slip and / or relapses. A key element in the recovery of addictions are their relatives, both in their detection, acceptance, orientation, channeling, treatment and maintenance of abstinence caused by the dependence of the consumption of a substance. The main thing is that the families are integrated into the recovery process of drug addicts, looking for preventive strategies to avoid the abandonment of the treatment based on the management and understanding of the problem of drugs, as well as seeking to make the family part of the family active promoting a recovery of quality that contributes to strengthen the personality of each of the inmates both in the family and in society in general. KEYWORDS: Role of the family; recovery process; drug addiction.


2020 ◽  
Vol 7 (2) ◽  
pp. 210
Author(s):  
Minsung Cho

Austronesian languages are one of the largest language groups in terms of the number of speakers and also its spread area around the world. The Austronesian languages are assumed to be branched, developed and spread extensively as a result of migration from Taiwan to the south, including the Nusantara archipelago. This literature-based paper attempted to examine the spread and development of the Austronesian languages family as well as the problems in reconstructing the Austronesian languages in the Nusantara archipelago. This writing examined the process and form of words’ reconstruction problems, in Austronesian languages and its relation with its parent form that eventually created the languages that existed in the Malay Archipelago. The results of the reconstruction demonstrated that the inheritance of the language from one generation to the next had created a significant relationship of the current language employed in the Nusantara archipelago with its parent language as well as proved kinship based on elements of similarity as well as innovation or change from its parent, the ancient Austronesian language (proto). The research also discovered that the family relationship of the languages is manifested through the similarity of pronunciation sound form, vocabulary and grammar structure when reconstructed based on the sound similarity found in the languages compared.


Author(s):  
Gediminas Navaitis ◽  
Gintaras Labutis ◽  
Brigita Kairienė

The changes in the family as the social institution that are described as the second demographic transition revealed the reality of new social links, affected the selection of the strategies and methods of family establishment and led to the family de-institutionalization processes. The changes had also affected the status of formal and informal roles in the family. Those changes catalyzed the greater variety of families and households which can be illustrated by the spread of cohabitation and the increased numbers of children born outside the traditional marriage. The above changes demonstrate the conscious choices to family relationship building. Present research paper aims to find out how does the human happiness which is mostly described by a subjective well-being index depend on the family status.


1935 ◽  
Vol 67 (1) ◽  
pp. 115-121
Author(s):  
J. Walker

The downfall of the Umaiyad and the rise of the ‘Abbāsid Caliphate, the central protagonist in which was the formidable Abū Muslim, is one of the most fascinating periods in Islamic History. Numismatic research is gradually revealing more and more vestiges of these troublous times. Recently in the JRAS. (July, 1932) Mr. Rhuvon Guest published a copper coin of Abū Muslim, now in the ‘Irāḳ Museum, which had been unearthed during irrigation work on the lesser Zāb, and which provided interesting corroborative evidence of the statements of the early Arab chroniclers. In a similar way I propose to draw attention to two copper coins in the British Museum, until now unpublished, which not only throw some light on the family relationship of Abū Muslim and his provincial politics, but moreover preserve for us a variety of coin legend which has hitherto been unrecorded and is perhaps unique in Muslim numismatics (Plate I).


2021 ◽  
Vol 08 (01) ◽  
pp. 14-17
Author(s):  
Suchhanda Bhattacharya ◽  

Introduction: Social media sites have become the most popular mode in recent years to communicate with people and share interests and likes with others. One of the many influences of social media is change in family relationships resulting from a decline in quality time spent with the family especially among youths including students. So the objective of the present study was to assess the effect of social media usage on family relationship. Method: A descriptive survey was conducted on 124 student nurses studying at Rufaida College of Nursing, selected by purposive sampling technique. Structured rating scale and Brief Family Relationship Scale were used to assess social media usage and family relationships of student nurses on three parameters, expressiveness, cohesion, and conflicts. Data were analysed using descriptive and inferential statistics. Linear correlation was used to find the correlation between social media usage and family relationship. Result: The assessment of family relationships indicated maximum expressiveness among families of 76 students, maximum cohesion among families of 115 students, and moderate conflicts among families of 58 students. In the linear correlation, there is a direct relationship of cohesion and expressiveness in the family and social media usage and inverse relationship of conflict within the family and social media usage. Conclusion: There seems to be a direct correlation between social media usage and expressiveness and cohesion within the family and an inverse relationship between conflict and social media usage in the family.


2011 ◽  
Vol 1 (1) ◽  
pp. 1 ◽  
Author(s):  
Lama Majed Al-Qaisy ◽  
Jihad Turki

Abstract The present study aims to determine the relationship of the families of children with childhood behavior disorders. In a sample of 263 students in the age group of 10-12 years studying in 4th, 5th and 6th standards in the elementary schools of Tafila city. The researcher analyzed the family relationship of the three groups of families based on two factors such as cohesion and conflict. Investigator also compared these factors in the families of children with no behavior disorders, with that of families of children with mild and severe behavior disorders.  The results of the study reveals that, a high cohesion and less conflict is found among the families of children with no behavior problems and low cohesion and conflict in the families of children with severe behavior problems.   Keywords: family, relationship, children, behavior disorders


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