A RESPONSABILIDADE CIVIL POR ABANDONO AFETIVO ENTRE PAIS E FILHOS

Abstract

Civil liability between parents and children in Brazil is a matter of significant relevance, especially in the context of affective abandonment. The Federal Constitution of 1988, by establishing the family as the foundation of society, emphasizes principles such as the dignity of the human person and family solidarity, reinforcing the comprehensive protection of children and adolescents. The concept of family in Brazil is diverse, encompassing single-parent, same-sex, and reconstituted families. Consequently, the obligations between parents and children go beyond financial aspects, also involving emotional and affective responsibilities. Affective abandonment, characterized by the omission or negligence of parents in providing care, love, and attention to their children, has received increasing attention in Brazilian jurisprudence, being recognized as a potential source of psychological and emotional damage for children and adolescents. Civil liability for affective abandonment is grounded in constitutional principles and infraconstitutional legislation, such as the Statute of the Child and Adolescent (ECA) and the Civil Code. Brazilian courts have considered the severity of the damage caused by affective abandonment, resulting in decisions that assign civil reparations to negligent parents. This article examines the legal basis for civil liability between parents and children in cases of affective abandonment, exploring the evolution of the concept of family and the associated legal and ethical implications. The analysis also addresses the challenges in applying the principle of civil liability and the jurisprudential trends that shape the legal approach to affective abandonment in Brazil.