EMOTIONAL ABANDONMENT AND PARENTAL CIVIL LIABILITY UNDER BRAZILIAN LAW AND ITS LEGAL CONSEQUENCES

Abstract

This article examines emotional abandonment and the requirements for parental civil liability under Brazilian law, considering the legal consequences of neglecting the duty of care and the distinction between biological and socio-affective parenthood. It aims to identify the duties protecting children and adolescents, examine legislative and judicial developments regarding compensation, and establish evidentiary standards consistent with comprehensive protection. The study adopts a qualitative, bibliographic and documentary approach based on the Federal Constitution, the Civil Code, the Child and Adolescent Statute, Law No. 15,240/2025, and precedents from higher courts. The findings indicate that feelings cannot be judicially imposed, whereas assistance, family contact and care are legal duties. Civil liability requires an individual assessment of the omission, the harm and the causal link, without automatic presumptions based on a lack of contact. The recognition of socio-affective parenthood depends on an actual parental bond and does not arise solely from a romantic relationship with one of the child’s parents. It concludes that adequate protection combines well-founded compensation, responsible recognition of parental relationships and prevention of neglect, while respecting family diversity and the best interests of the child.