THE (IM) POSSIBILITY OF CIVIL LIABILITY FOR AFFECTIVE DAMAGE: AFFECTION AS A DUTY OR FACULTY

Abstract

The new dynamics of the Brazilian family are marked by parental co-responsibility based on the social expectation that parents should assume a central role in the upbringing of their children, ensuring not only the satisfaction of their basic needs, but also the development of their personality. In this sense, affection emerges as an essential element for the healthy development of the individual, with discussion about its conception as a protectable legal asset, which is why this research questions whether the institute of emotional abandonment is capable of giving rise to the duty of civil reparation of parents towards their children? And if the reparation has a nature of moral or material damage? Through a bibliographical review and analysis of jurisprudence, the work investigates the repercussions of emotional abandonment in the legal sphere as a reason for the duty to repair. To this end, it seeks to understand the institute of Emotional Abandonment from the historical-social chronology of its emergence, with the collection of jurisprudence from federal and/or state courts from the perspective of emotional abandonment and, finally, the analysis of the application of civil liability from the perspective of Emotional Abandonment based on the requirements that give rise to the duty to repair.