DANO MORAL POR ABANDONO AFETIVO -POSSIBILIDADES E LIMITES JURISPRUDÊNCIAS DO SUPERIOR TRIBUNAL DE JUSTIÇA

Abstract

Moral damage due to emotional neglect is a topic debated in the STJ, involving the omission of parental duties of care and affection. The case law seeks a balance between the protection of children’s rights and the individual freedom of parents, avoiding the imposition of affection as a legal obligation. For the characterization of moral damage, it is necessary to prove the suffering caused by negligence and the lack of justification for abandonment. The STJ has established criteria to prevent the trivialization of compensations, in order to ensure the fair application of the law. This topic reflects the evolution of family relationships in the Brazilian legal system.