AFFECTIVE ABANDONMENT BETWEEN PARENTS AND CHILDREN: THE VISION OF CONSTITUTIONAL LAW AND THE LEGAL CONSEQUENCES OF CIVIL LIABILITY

Abstract

Affective abandonment is a situation that is increasingly present in family relationships and is considered a complex social phenomenon that can emotionally and psychologically affect children and parents. Given this reality, the aim of this article is to analyse affective abandonment from the perspective of constitutional law, highlighting the legal consequences for the civil liability of parents. The methodology used in this study was a bibliographical review, analysing scientific articles and books that address the issue of affective abandonment in the legal sphere. Affective abandonment can be defined as the lack of care, affection and attention from parents towards their children, resulting in emotional and psychological damage to them. The 1988 Federal Constitution states that it is the duty of the family, society and the state to ensure that children and adolescents have the right to family and community life, as well as guaranteeing their full protection. As such, emotional neglect directly violates the fundamental rights of children and adolescents set out in the Constitution and can be considered an unlawful act liable for civil liability. The civil liability of parents for emotional neglect aims not only to repair the damage caused to the child or adolescent, but also to encourage reflection on the importance of affection and care in raising children. In conclusion, it can be seen that affective abandonment is a relevant issue in the field of Constitutional Law, given its direct impact on the fundamental rights of children and adolescents.