COMPENSATION FOR AFFECTIVE ABANDONMENT: PROMOTING JUSTICE FOR VICTIMS DUE TO THE LAW'S OMISSION

Abstract

This work analyzes the complex issue of emotional abandonment from a legal and social perspective, exploring the legal ramifications and sociological impacts of this phenomenon. I investigated the legal and jurisprudential bases that support the possibility of compensation for emotional damages caused by emotional abandonment, considering what is available in Brazilian legislation, whether through the Child and Adolescent Statute, the Federal Constitution itself, and the understanding of some magistrates regarding the problem. Furthermore, this article addresses the social and family implications of this type of abandonment, including its effects on parental relationships and the emotional development of children and adolescents to understand whether the granting of compensation for emotional abandonment is effective in promoting justice to the victim. Through a multidisciplinary approach, this study contributes to a deeper understanding of the legal and social issues related to emotional abandonment as well as the impacts it can have on an individual's life and development. In addition to demonstrating which parameters are used by legislation in order to establish a parameter that can measure the damage caused, since there is no specific legislation to deal with the problem.