A LEGAL ANALYSIS ON AFFECTIVE ABANDONMENT

Abstract

This article addresses aspects of emotional abandonment. The study is based on a comprehensive bibliographic review, which includes case law and legislation relevant to the topic. The research explores the doctrinal and case law understanding of the concept, seeking to identify parameters that support its configuration as damage subject to moral compensation. Initially, the analysis examines the right to family life and parental care, provided for in the 1988 Federal Constitution, the Brazilian Civil Code, and the Statute of Children and Adolescents (ECA). The article explores aspects of civil liability, especially with regard to the unlawful act due to omission by one of the parents, based on case law (Special Appeal No. 1,159,242 – SP - of the Superior Court of Justice (STJ)) that neglects the emotional relationship, causing emotional and psychological harm to the child. The article concludes that the courts have already issued decisions that consolidate emotional abandonment as a violation of personality rights, especially in the relationships between parents and children. Compensation has varied considerably, strengthening the understanding of the value of affection in human development. Thus, the evolution of family relationships and the understanding of moral damages consolidate the broader application of civil liability in cases of emotional abandonment.