A afetividade como bem jurídico fundamental nas relações familiares: a mediação jurídica em conjunto com a multidisciplinaridade como forma de recomposição dos laços afeto-familiares no contexto da responsabilidade civil

Abstract

The present monograph aims to try to demonstrate the importance of family affection as a fundamental legal good, pointing out the effects of negligence of affection in the family relationship and its accountability focusing on the recomposition of these ties through mediation with multidisciplinary support. Initially, it seeks to expose the history of the evolution of the concept of family, which began with the formation of the first human groups called clans, passing through the pater familias of Rome, going through a long period of gradual changes until it reaches the current model based on the eudemonist family, which has the communion of affection as its main feature, i.e., affection as a bond that involves individuals in a family relationship. Parallel to this evolution, this paper seeks to analyze the importance of science and philosophy, which arise to try to explain the various types of phenomena experienced by the human being, such as the natural and social phenomena, trying to understand how the formation of the personality of the individual and his behavior influenced by his genetic composition in interaction with the environment and the influence of this behavior for the construction of society and the world takes place. In this process of philosophical-scientific evolution, the science of law emerges, seeking to build mechanisms for the State to promote justice based on rational knowledge and with the help of other sciences, trying to understand social changes so that it can try to shape human relations and behavior under ethical and moral parameters, allowing new values to be recognized according to the new demands of society. This process of the evolution of law as a science leaves behind the law based on natural dogmas, which was often used as a tool to promote injustice, including with regard to the individual within the family that, for a long time, was relegated to the detriment of patrimonial interests. In this compass, this paper seeks to expose, based on biological, social and human sciences, the importance of family affection as a fundamental legal asset to be protected by society and the State, which has the duty to promote a broad, ethical, humanistic, inclusive education focused on this legal asset, since it represents a fundamental and necessary component for the formation of the personality of the individual and his quality of life, especially his mental health and that will determine, ultimately, the quality of the world around him.