THE DUTY TO COMPENSATE DUE TO AFFECTIVE ABANDONMENT AND THE CRITERIA FOR VALUING MORAL DAMAGES

Abstract

Given that there is no specific law dealing with affective abandonment in Brazil, it is important to research and study ways of seeking reparation for the damage suffered through lawsuits based on civil liability, in order to demonstrate that affective abandonment can cause damage that should be held accountable through compensation. To this end, it is necessary to verify the legal requirements for characterizing affective abandonment and the duty to compensate, analyze the different approaches to affective abandonment and the duty to compensate and identify the criteria for valuing moral damages in cases of affective abandonment. In order to address the issue in question, bibliographical and documentary research was carried out in doctrines covering the areas of law and psychology. The analysis of legal and psychological approaches revealed the relevance and importance of a balance between justice and the emotional well-being of minors.