CONVICTED FOR NOT LOVING: AN ANALYSIS OF THE CHILD'S EMOTIONAL ABANDONMENT FOR THE CIVIL LIABILITY OF THE PARENT WHO PAYS FOOD WITHOUT THE INTENTION OF AN EMOTIONAL BOND

Abstract

This work addresses the emotional abandonment of children and adolescents by their parents, analyzing the effects of civil liability, even when compliance with the maintenance obligation is ongoing. The focus will be on identifying concepts, theories, and arguments against and in favor of civil liability for emotional abandonment, also analyzing the decisions and extracting legal foundations from them. Its general objective is to understand the issue of the child's emotional abandonment and its relationship with the civil liability of the parent who only pays food, without the intention of establishing an emotional bond. The study was carried out, using the deductive method, through exploratory, bibliographic and documentary research. In relation to the results achieved, the jurisprudence of the state courts and the Superior Court of Justice, based in their decisions, on the need to prove the damage so that there is a duty to compensate. Therefore, it is concluded that the payment of the pension does not prevent the award of moral damages for emotional abandonment.