Superior Court


They believe these that cannot the Law compel the responsible one to feel affection for the son, being impossible to impose the maintenance of a breached sentimental bow already. Such bow is element that happens of the spirit, of the psychic human being, not being able the Law to determine its creation or extinguishing. The legislator could not, according to this chain, to invade such human field, which is, of the sentimentalidade. The Superior Court of Justice, also, already was disclosed in this direction. Kind of appeal Brazilian Supreme Court known and provided. On the other hand, it has those that believe to be the affectivity to have effectively of the parents. In view of the formation of the infant who is influenced directly by the presence of its genitors in the formation of its opinion, personal character and relations, it is clear the extreme relevance of the relationship between parents and children. Such relationship, pautado in the love, affection, affection and others is basic for the emotional growth of the child. The affection represents: To divide colloquies, to distribute affection, conquests, hopes and concerns; to show ways, to learn, to receive and to supply information. It means to illuminate with the flame of the affection that always heated the scioafetivos heart of parents and children, the space reserved for God in the soul and in designs of each mortal, to receive as son that one that was generated inside of its heart. (MADALENO, 2004, P. 08). The proper scientific community recognizes this, when in its specialized scientific articles in the subject, they recommend that, in the separation hypotheses, the guard is shared possible, so that the infant can be supplied in the installment of this necessity that to all we are natural.