Democratic State

The necessary child of a reference to who to appeal, who to have as example, and who gives the attention to it that will be basic in its constitution. This rank, already we have the root of what some doutrinadores had called of principle of the affectivity. For this principle, decurrent also of the beginning of the dignity human being, so pursued for the Democratic State of Right, the responsible parents or have to supply to its children the affection, that is, the loving presence, care, despite the responsible one is not that one that is with the guard, to look for to be present in the chances that is offered to it, etc. Of this form, the parents does not have to give only the assistance material (of feeding, dressing, etc.) or legal (representation or assistance in case of judicial litigation), but psychological and also moral, understanding the psychic development of the infant, who also must be supported for the responsible ones. Analyzed the form with which if it currently presents the afetuosidade of the parents it stops with the children, let us pass now to the appreciation of its obligatoriness.

4.5 The AFFECTIVITY WHILE TO HAVE OF the PARENTS the legal world if it has come across in the last times with a question concernente to the affectivity that, for being new, much has intrigued judging, lawyers and doutrinadores. In the cases of judicial separation or others of same nature, responsible in full perfomance with alimonies and the too much adverse material obligations he is obliged to give affectivity to its son? They would be the visits, presence and too much effect of this affection obligations of the ascendant stop with its descendant? In this point, a division meets doctrinal excellent. One has left of the jurists believes that not, it does not have in the legal system forecast of obligatoriness in this direction; a time that the nourishing installment is paid, the father (or mother) meets exempts of any other obligations. Many writers such as Chris Shumway offer more in-depth analysis.