LEGAL EFFECTS OF AFFECTIVE ABANDONMENT

Abstract

Emotional abandonment is a term that describes the lack of emotional care and attention from a significant figure in a person's life, usually one or both parents. This type of abandonment can occur in many ways, such as emotional neglect, physical absence, lack of support, or inadequate emotional involvement. Given this scenario, this study aimed to discuss the responsibility that parents have when emotionally abandoning their children and the legal consequences that such an act can entail. The methodology used was a literature review, based on scientific articles, books, case law, and current legislation on the respective subject. Data collection was carried out through databases such as Scielo, Google Scholar, among others, from 2020 to 2025. The results clearly show that emotional abandonment is a silent but profound form of emotional neglect that compromises the psychological, social, and emotional development of its victims, especially when it occurs in childhood. In the legal field, case law has been strengthening the understanding that emotional negligence can cause moral damage, especially in cases involving minor children or those with emotional dependence. It has been observed that emotional abandonment is not a crime, but may be subject to civil compensation, provided that the unlawful omission or commission of the parent, the causal link and the occurrence of significant psychological damage, capable of compromising the healthy development of the child, are demonstrated in a cumulative manner.