CIVIL LIABILITY FOR AFFECTIVE ABANDONMENT

Abstract

This paper aims to analyze civil liability for emotional abandonment in the Brazilian legal system, highlighting the importance of parental presence in the integral development of their children. Thus, the study focuses on the characterization of abandonment and its distinction in relation to material abandonment, parental authority and the principle of the best interests of the child and adolescent. It also highlights the relevance of the duty of care and family coexistence. The analysis extends to the legal obligation to compensate for damages caused by the lack of affection, reflecting on the effectiveness of financial compensation as a means of mitigating the consequences of abandonment and the complexity of measuring such damages. To this end, the research follows the bibliographic method, based on the Federal Constitution of 1988, the Statute of the Child and Adolescent, the Civil Code, doctrines and case law.