DAMAGE RESULTING FROM CIVIL LIABILITY FOR PARENTAL AFFECTIVE ABANDONMENT

Abstract

The present study aims to analyze the feasibility of applying Civil Liability in cases involving the emotional abandonment of children and adolescents by their parents, an issue widely debated in the courts. The aim is to investigate the possible consequences of this abandonment during the development of children and adolescents and question whether the legal system is capable of remedying the resulting damages through compensation, regardless of the valuation of affection. With regard to methodology, this work was based on a bibliographical review that included doctrine, scientific articles and jurisprudence from the Superior Court of Justice. Furthermore, the deductive method was used, based on the analysis of recent judgments of the Superior Court of Justice in the period from 2018 to 2023 to clarify how jurisprudence has treated the conduct of parents who emotionally abandon their children and the possible legal implications arising from the omission of parents in the physical, psychological and moral development of children and adolescents, who are subjects of rights and duties in contemporary society. It is concluded, based on the research carried out for this article, that the recent decisions of the Superior Court of Justice present considerable divergence in relation to this topic. It is noted that the two groups specializing in private law judgments have adopted opposite approaches in their judgments.