A RETIRADA DO SOBRENOME PATERNO DEVIDO AO ABANDONO AFETIVO

Affective abandonment in Family Law has sparked debates regarding the possibility of excluding the paternal surname as a symbolic and emotional dissociation. This article aims to analyze the legal feasibility of removing the paternal surname in cases of affective abandonment under Brazilian law. The research is based on a bibliographic review, discussing the concept of affective abandonment, the personality rights involved, and the legal and emotional criteria for changing the civil name. The central question examines whether paternal surname exclusion is possible solely due to affective abandonment, without requiring proof of material harm. The analysis shows that, despite lacking uniform judicial consensus, precedents allow surname removal based on emotional damage. The research concludes that affective abandonment can justify surname removal, considering its impact on dignity and personal identity. However, further studies should explore the legal criteria and inheritance implications of this decision.