Criminalização do abandono afetivo parental e os limites da interferência do estado nas relações familiares

Abstract

The PL 72/25, which proposes the criminalization of emotional abandonment, has been gaining prominence in the Brazilian legal debate by seeking to hold parents or guardians criminally liable for neglecting to provide emotional support to their children, recognizing emotional neglect as a harm with serious psychological and social consequences. Although civil law already provides for compensation for moral damages, criminal classification brings additional challenges, requiring reflection on the limits of state intervention in the private sphere. This study analyzes the legal and social impacts of the aforementioned bill, assessing its effectiveness in protecting the emotional and psychological rights of children and adolescents, as well as the challenges of its practical application. Arguments both in favor of and against criminalization are discussed, highlighting the need to guarantee the fundamental rights of minors while at the same time preserving family autonomy and avoiding harmful side effects. It concludes that, although the proposal symbolizes progress in recognizing affection as a right, its effectiveness depends on an integrated approach that combines criminal measures, public policies for psychosocial support, and extrajudicial mechanisms for family mediation. The research reinforces that comprehensive protection requires a balance between state intervention and respect for family autonomy, but also reaffirms the importance of the discussion in improving parental responsibility and the mechanisms for protecting children and adolescents in Brazil.