Abstract

BRAGA, Julio Cezar de Oliveira  and  FUKS, Betty Bernardo. Compensation for emotional abandonment: the judicialization of affection. Tempo psicanal. [online]. 2013, vol.45, n.2, pp. 303-321. ISSN 0101-4838.

This article aims to portray the response of the State to the demands for compensation for moral damages caused by emotional abandonment, regarded as the lack of interest and interaction in a father's relationship with his son. The emotional abandonment would violate the principles of dignity, affection, and parental responsibility recognized in the Federal Constitution, the Child and Adolescent Statute, and the Brazilian Civil Code. The law's salvationist discourse, in the attempt to protect human dignity, ends up safeguarding affection, imprisoning desire and exacerbating disaffection, as it was in the Victorian era, from which psychoanalysis arose. If the symbolic mediation is indispensible to social bonds, psychoanalysis, as a critique to culture and in dialog with the law, can alert jurists about the risks of their excesses. From the legacy of Sigmund Freud and Jacques Lacan, we intend to unfold this discussion and offer different possibilities of reflecting on the right-holder in contemporary life.

Keywords : abandonment; affection; responsibility; law; psychoanalysis.

        · abstract in Portuguese     · text in Portuguese     · Portuguese ( pdf )