Aplicabilidade da responsabilidade civil dos pais por abandono afetivo dos filhos

Abstract

This article starts from the research question: how does the emotional abandonment of parents towards their children in Brazil entail civil liability? We sought, as a general objective, to discuss how the lack of affection leads to the applicability of civil liability of parents through decisions of the State Courts of Justice. It is the emotional abandonment of children as the omission of care, education, company, social assistance, which parents should offer to their children, in other words, the non-fulfillment of what is provided for in legal and constitutional text. Such suffered omissions can trigger feelings of sadness and, in certain cases, depression in the child, as well as giving rise to the applicability of the parents' civil liability. Thus, it is relevant to analyze the affective abandonment of children, in view of the legal consequence, which is the civil punishment of parents, which is the subject of Brazilian law. The specific objectives were: to analyze the relationships between parents and children in the family, defining parenting; investigate how affective abandonment can have the legal responsibility of parents; and to identify damages resulting from the parents' lack of affection in their children's relationships. As a methodology, we used the bibliographic review and analysis of scientific articles available in the Google academic and Scielo database.