CIVIL LIABILITY FOR PATERNAL ABANDONMENT

Abstract

Supporting and raising a child is a legal and moral right/duty considered essential by the Brazilian legal system for the formation of children, which is the responsibility of parents in relation to their minor children. This care and assistance is not only financial, but mainly emotional, as it is the child's right to live with their parents, and this absence and emotional abandonment of the father can cause psychological damage to the child's development. Therefore, considering that there are cases in which the parent has no interest in maintaining any relationship of love and affection with their child, the question has arisen in jurisprudence regarding the possibility of applying the institute of civil liability for paternal abandonment. In this context, through bibliographical, documentary and qualitative research, that is, with text analysis and comparison of information collected in the theoretical collection, the study aims to analyze the possibility of applying the institute of civil liability for paternal abandonment, according to the doctrine and Brazilian jurisprudence. In the end, the result obtained will demonstrate that this liability is possible by proving all the civil liability requirements set out in the Brazilian Civil Code.