FROM THE DUTY TO PROVIDE TO THE DUTY TO CARE: THE CIVIL LIABILITY OF THE ABSENT PARENT IN THE FACE OF A PATERNAL SOCIO-AFFECTIVE BOND

Abstract

This paper examines the civil liability of an absent biological parent where a stepfather has established a socio-affective parental bond with the child. It asks whether the presence of a socio-affective father removes the legal duties arising from biological parentage and under what circumstances parental omission may justify compensation for non-pecuniary damage. The study proceeds from the hypothesis that socio-affective parenthood does not automatically extinguish the biological parent’s responsibilities, although it may be relevant to the case-specific assessment of harm and causation. A qualitative approach is adopted, based on bibliographic and documentary research, including Brazilian legislation, family-law scholarship, and higher-court decisions cited in the paper. The analysis indicates that the legal duty of care is distinct from an obligation to love and must be assessed through objective conduct relating to upbringing, education, companionship, and assistance. It concludes that child support, while important, does not necessarily exhaust parental duties, and that compensation for emotional abandonment requires an individualized assessment of conduct, damage, and causation.