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.
