PATERNAL EMOTIONAL ABANDONMENT AND MATERNAL OVERBURDEN: LEGAL RESPONSIBILITY AND THE POSSIBILITY OF COMPENSATION FOR PHYSICAL AND PSYCHOLOGICAL DAMAGE IN CASES OF CHILDREN REQUIRING INTENSIVE CARE

Abstract

This article investigates the topic of paternal emotional abandonment and its impact on maternal overburden, with an emphasis on the possibility of civil liability and compensation for physical, psychological, and material damages suffered by the mother when the child requires intensive care. The study articulates the foundations of Constitutional Family Law and Civil Liability, analyzing the father's omission and its consequences for the mother. The qualitative and documentary research explores doctrinal analysis, legislation (Federal Constitution, ECA, Civil Code), and case law, highlighting decisions of the Superior Court of Justice (STJ), with particular attention to precedents addressing the duty of care and caregiver overburden. It argues that, in intensive care situations such as those with severe Autism Spectrum Disorder (ASD), cerebral palsy, or rare diseases, paternal absence causes direct and independent harm to the mother, who fully assumes the roles of primary caregiver, therapist, and provider. It is concluded that, although case law requires solid proof of damage and causal link, there are constitutional and civil grounds that support the possibility of compensation in favor of the overburdened mother, especially when the severity of the child's condition, the unjustified paternal omission and the impact on the mother's life are proven.