EMOTIONAL ABANDONMENT AND COMPENSATION: THE POSSIBILITY OF CIVIL REDRESS FOR PARENTAL EMOTIONAL NEGLECT

Abstract

Emotional abandonment is a significant topic in Family Law, particularly given the need to protect the fundamental rights of children and adolescents and the growing debate regarding civil liability arising from parental omission. Accordingly, this study aimed to analyze the possibility of civil redress for emotional abandonment, considering the legal duties incumbent upon parents and the prerequisites for civil liability. The methodology employed was qualitative research—bibliographic and documentary in nature—involving an analysis of Brazilian legislation, legal doctrine, scientific articles, and judicial precedents related to the subject. The results indicated that parenthood entails legal duties regarding care, companionship, assistance, upbringing, and education, distinct from any obligation to feel affection. Civil liability may be imposed upon proof of illicit conduct, harm, and a causal link; this allows for claims regarding non-pecuniary damages (moral damages) and, where demonstrated, pecuniary or material damages. Law No. 15.240/2025 expanded legal protection by expressly characterizing emotional abandonment as a civil wrong within the Statute of the Child and Adolescent. The study concludes that civil redress for emotional abandonment is legally viable when the prerequisites for civil liability are met, with the analysis requiring consideration of the specific circumstances of each case and prioritizing the comprehensive protection, dignity, and development of the child and adolescent.