CIVIL LIABILITY FOR PARENTAL AFFECTIVE ABANDONMENT: THE POSSIBILITY OF MORAL DAMAGES IN FAVOR OF THE CHILD

Abstract

The purpose of this paper is to analyze the legal possibility of compensation for moral damages in favor of the child as a result of parental emotional neglect. Based on the premise that affection is the essential basis of family relationships according to contemporary law, the research examines the consequences and damage caused by affective negligence in the upbringing of children and adolescents. The research is based on an analysis of the Brazilian legal system, which establishes full protection for children's rights, recognizing their condition of dependence on their parents and their responsibility for their children's physical and psychological development. Through an analysis of legislation, principles and case law, the existence of an affective responsibility on the part of parents towards their children is demonstrated, establishing the necessary requirements to characterize the damage resulting from the absence of a parent. It concludes that civil reparation is possible in cases where affective abandonment causes proven damage to the child's integral development, provided that the assumptions of subjective civil liability are present.