CIVIL LIABILITY FOR EMOTIONAL ABANDONMENT WITH EMPHASIS ON BRAZILIAN JURISPRUDENCE

Abstract

This study aims to analyze civil liability arising from emotional abandonment in family relationships, especially between parents and children. The 1988 Federal Constitution significantly transformed Family Law by recognizing human dignity and the full protection of children and adolescents as fundamental principles. The research seeks to verify the possibility of holding parents civilly liable for failure in their duty of care. The theoretical framework is based on Civil Law and Family Law doctrine. The methodology is bibliographic and jurisprudential, with a qualitative approach and deductive method. The results indicate that emotional abandonment may constitute an unlawful act when the elements of civil liability are present. It is concluded that the duty of care has legal nature, allowing civil liability when damage to the child’s psychological development is proven.