Aplicabilidade da responsabilidade civil dos pais por abandono afetivo dos filhos
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Date
2020-12-15
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Universidade Católica do Salvador
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.
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Keywords
Abandono afetivo, Responsabilidade civil, Tribunal de justiça, Affective abandonment, Civil responsability, Court of justice