Responsabilidade civil decorrente do abandono afetivo parental: análise jurisprudencial junto aos tribunais superiores

Abstract

The present work dealt with a civil liability of the parents about a possible indemnity as a result of parental affective abandonment, causing moral and psychological damage, since the child's personality and its formation is closely linked to the examples, teachings and care of the parents, since that as important as financial assistance in raising the child is the affective presence and care. The study also dealt with the emergence of civil liability regarding affective abandonment in Brazilian law. In view of the first judgments, and the application of the law, an analysis was presented through the prism of Brazilian legal principles based on the Federal Constitution of 1988. The jurisprudential and doctrinal understandings are divided into two streams: those that agree with the application of civil responsibility and those who disagree on the view that the lack of a feeling cannot be measured. The collation study adopted the vision undertaken in the first current and aimed to present, in a simple and didactic way, how the subject in support behaves in the Brazilian Superior Courts. The methodology used for the elaboration of this article was the deductive and qualitative method.