“Amor é estado de graça e com amor não se paga”? A patrimonialização do afeto no Superior Tribunal de Justiça

Abstract

The more individualistic societies and human relations become, the more importance is attached to love as a supreme source of happiness and recognition. This new dynamic of relations will resonate with the oldest and most solid institutions that humanity has been able to engender, such as marriage and family, which have since been structured on the idea of love, affection and intimacy. In this scenario, this article intends to understand how the Superior Court of Justice has been facing the issue of compensation based on emotional abandonment. This is because, by imposing affection as the only possible foundation of the contemporary family, the law causes emotional abandonment to emerge as a source of civil responsibility, a position here problematized from bibliographic research and brief case law report.