Abandono afetivo: os contornos jurídicos do dever de reparação do dano moral nas relações paterno filiares

Abstract

This paper has as main objective the analysis of the affective and abandonment of liability, if the lack of affection and the removal of the parents with their children’s has the mojo to generate compensation for moral damages to the injured party, which in large most of the time are his children. Parent’s obligations arising from family power not restricted exclu-sively to material support, but also the emotional and sentimental support. This duty of repair due to emotional abandonment is rather controversial theme in the case-law country, considering that for some the right applicators lack of affection alone is not able to result in moral damages, to other non-compliance whit the duties as family power must be supplied through the civil liability. On this, the Judiciary has been often meant to position itself on the jurisdictional duty demands of compensation for moral damage caused by the abandonment.