Abandono afetivo dos filhos e sua repercussão civil: um estudo à luz da doutrina e da jurisprudência

Abstract

In a scientific article, the legal feasibility of making civil parents responsible for the emotional abandonment of their children is investigated. To this end, a bibliographic, jurisprudential and legislative review is carried out, using a hypothetical-deductive approach, in addition to assessing qualitative aspects. In addition, from the historical perspective, the progression of family law is analyzed, dealing with constitutional principles related to the theme and related legal elements. It discusses institutes concerning the relationship between parents and children, an example of affiliation, custody and family power, as well as some guarantees for children and adolescents, such as the right to family life, moral and psychological education, protection financial assistance and preferential attention. Subsequently, analyzing the requirements of civil liability under Brazilian law, specifying those relating to non-contractual civil liability, a knowledge: illicit conduct, guilt, damage and causation. Finally, the feasibility of civil liability of parents to an offspring in the face of emotional abandonment, caused by disrespect to legal and constitutional duties, is investigated.