THE INCIDENCE OF CIVIL LIABILITY IN CASES OF AFFECTIVE ABANDONMENT WITHIN THE CURRENT BRAZILIAN LEGAL CONTEXT

Abstract

The present article aims to analyze the relationship between affective abandonment and civil liability in the current Brazilian legal context, focusing on monetary compensation for moral and material damages. A qualitative approach was used, involving documentary analysis, bibliographic review, and examination of important jurisprudence, considering pertinent legislation such as the Constitution of the Federative Republic of Brazil of 1988 and Law No. 8,069/1990 (Statute of the Child and Adolescent), in addition to theoretical foundations from authors such as Marco Aurélio Bezerra de Melo and Rolf Madaleno. Given the results, it became evident that there has been an enormous advancement in the relevance of the importance of family ties and the parental duty towards children. Furthermore, it was observed that, in light of favorable jurisprudence, it is currently possible to obtain redress through civil liability in cases of affective abandonment. It was concluded that this current advent offers a solution capable of mitigating the psychological and financial effects of those who suffered some type of affective abandonment, with this advancement being of extreme importance for the current Brazilian legal context.