SOCIO-AFFECTIVE ABANDONMENT AND CIVIL LIABILITY FOR MORAL DAMAGE

Abstract

The present work tries to present the socio-affective abandonment and the civil liability for moral damages justified by their religion in the duty of guardianship, in relation to the parents towards their children. In Brazil, as in other countries, socio-affective abandonment is still a very controversial topic, while there is no consolidated position that states that abandonment resulting from the parent's omission in the duty to care for the offspring is a sufficient element to characterize moral damage. compensable, with a legal duty to care emotionally. In the Brazilian legal system, there are differences of opinion, since, when talking about the duty to indemnify, one current denies the right to reparation for moral damage and another recognizes this right. Within this perspective, some budgets must be observed in order to verify whether non-compliance with the duty of care generated or not civil liability. In this hypothesis, there are elements to be identified: the conduct of the father or mother; guilt, as an element of subjective civil liability, intentionally or negligently in relation to the duty that should be practiced and the damage, which is exactly the violation of the psychophysical integrity of the child or adolescent. Therefore, what this article seeks is not to bring the statement that it is a duty to love, but to show the duty to care, which is a legal duty. The discussion will present to society the understandings of the legal system about socio-affective abandonment regarding compensation for moral damages, will analyze the concept of family and its importance in the formation of the individual, verifying the Principle of the dignity of the human person and its importance in family sphere, aiming to analyze the consequences of socio-affective abandonment with regard to civil liability and the individual's life.