RESPONSABILIDADE CIVIL POR ABANDONO AFETIVO

Abstract

In view of the growing wave of the end of relationships and divorces, as well as the consequent emotional abandonment of children, research on civil liability for emotional abandonment, seeking to emphasize the need for direct legislation on the subject. This research aims to analyze a possibility to hold civil parents responsible for breaching their legal duty of care and education with their children, abandoning them, affectionately. It is a bibliographic search. Regarding the results found, it is essential to conceptualize the family institute and briefly discuss its evolution and also about the guiding principles, checking the possibility of civil liability arising from the family relationship and what are the assumptions of civil liability. Finally, affective abandonment is defined in the doctrinal bias and a critical analysis of the jurisprudence in the Superior Court of Justice is carried out on the possibility of adopting the thesis of civil liability for emotional abandonment, the history of its positioning up to the present, thus verifying as the alternative means of solving and combating this social problem. An exploratory research is carried out that aims to produce knowledge for further research and practical application. For this purpose, bibliographic sources were used, with priority to those that addressed the central aspects of the present study. We conclude that it is possible since 2012, according to decisions made by the Superior Court of Justice, to seek civil liability based on affective abandonment, however, this claim is only possible through the interpretation of various provisions and principles, as there are no legislation that covers this situation directly, and it is imperative to create a law that discriminates against civil liability for emotional abandonment, in order to speed up and expand access to justice, and also to discourage the practice of this offense.