Análise da responsabilidade civil por abandono afetivo paterno filial no ordenamento jurídico brasileiro

Abstract

This study analyzes the possibility of holding parents civilly liable for emotional abandonment under Brazilian law, considering the historical and legal transformations of the concept of family and the recognition of affection as a legal value. It begins with the evolution of Family Law, which came to understand family bonds through a more humanized perspective, based on the principles of human dignity, affection, and the best interests of the child and adolescent. The research examines the essential elements of civil liability, namely conduct, damage, and causal link, and how these elements apply to emotional abandonment in parental relationships. It also explores jurisprudential divergences, especially within the scope of the Superior Court of Justice, regarding the possibility of awarding moral damages resulting from the omission of care and emotional support duties. The methodology adopted consisted of bibliographic research based on doctrine, legislation, and case law. In conclusion, although affection cannot be legally compelled, the unjustified omission in fulfilling parental duties may constitute an unlawful act subject to civil reparation, provided that the legal requirements are met.