ABANDONO AFETIVO: A RESPONSABILIDADE CIVIL EM FACE DA OMISSÃO AO DEVER DE CUIDADO

Abstract

The scope of this article is to analyze the possibility of holding civilly responsible parents who, omitting their duty of care towards their minor children, commit what is conventionally called emotional abandonment. The investigation therefore questions how current Brazilian jurisprudence has addressed civil liability in cases of parents who emotionally abandon their minor children. Thus, the general objective of the work is to investigate the social function of civil liability in family relationships, focusing on the jurisprudential analysis that addresses the issue. From the entire analysis presented in the research, it appears that it is possible to establish civil liability (with consequent compensation) for the conduct of parents who emotionally abandon children and adolescents who are, not only due to blood obligation, but also due to the strength of the emotional bonds, the most fragile and needy part of care in the context of family relationships. The research uses qualitative methodology of an exploratory bibliographic nature to initially present theoretical and legal concepts about family today, highlighting the role of affection in today's family relationships. Thus, this research aims to present a general explanation of the consequences of emotional abandonment in the lives of children and adolescents, and then establish the legal parameters found in Brazilian legislation regarding civil liability and how these parameters can possibly admit that abandonment affective is subject to liability (and, clearly, compensation).