O abuso psicológico e a quebra do vínculo afetivo da filiação: reflexos no dever de alimentos côngruos ao descendente

Abstract

This study aims to analyze psychological abuse as a factor contributing to the estrangement between parent and child, as well as its implications for the fulfillment of the child support obligation. The choice of the theme is justified by the relevant application of the Law in family conflicts in which the permanence of the maintenance obligation is discussed in the face of the rupture of the affective bond, especially in contexts marked by abusive conduct, thus implying the absence of affection in the relationships between parents and children. The hypothesis is that emotional distancing, even when caused by psychological abuse, does not exempt the parent from the duty to provide child support, given the legal and non-waivable nature of this obligation element. The methodology adopted is qualitative and exploratory, based on the analysis of legal doctrine, jurisprudence of the states and superior courts, and Brazilian legislation, including the Civil Code, the Child and Adolescent Statute, and the Federal Constitution. The results indicate that the duty of child support arises from parentage and must be upheld even in the absence of affection. As an alternative to exemption, the study recommends civil liability for moral damages and the promotion of family mediation. It concludes that child support is essential to the dignity of the dependent and must be safeguarded even in strained emotional relationships