CIVIL LIABILITY FOR MORAL DAMAGES IN FAMILY LAW: COMPENSATION FOR DAMAGES RESULTING FROM EMOTIONAL ABANDONMENT

Abstract

The family, the essential cell of society, is in constant transformation, reflecting the social, cultural, and economic changes that shape the contemporary world. While in the past the family was seen as a hierarchical and patriarchal institution, today the plurality of family arrangements is recognized, valuing affective bonds, solidarity, and respect for the dignity of each of its members (DALBEM, 2021).

According to Dalbem (2021), the family, in its complexity, is structured by interconnected subsystems, with emphasis on the conjugal and parental subsystems. Each of these subsystems, according to family dynamics, establishes a specific set of rights, obligations, and responsibilities for its members.

Given this, the research problem arises: What is the legal framework and the necessary criteria for establishing civil liability for moral damages resulting from emotional abandonment in family relationships, and what are the challenges and parameters for the effective reparation of these damages within the context of the current Brazilian legal system?

Thus arises the discussion about civil liability for moral damages in family relationships, especially the reparation of damages resulting from emotional abandonment. The importance of this study is justified both by the search to answer the central question and by its suitability to the current context, marked by interdisciplinarity and the need for Law to adapt to the new social configuration. Adaptation requires sensitivity in recognizing the dignity of the human being in its totality, considering its intrinsic psychological characteristics, such as cognition, emotion, feelings, and personality structure.

This analysis aims to discuss this intricate and multifaceted issue from a legal perspective, exploring the legal foundation of family responsibility in Brazil, the historical trajectory of the family, the dimensions of family responsibility, the negative consequences of emotional abandonment, and the jurisprudence and doctrine on the possibility of compensation for emotional abandonment.

The theoretical framework adopted explores civil liability for moral damages in family relationships, with an emphasis on emotional abandonment. This study will address the institution of the family, its transformations throughout history, the diversity of the Brazilian family, and the fundamental functions it fulfills. The analysis will culminate in a discussion of the importance of family bonds and emotional support for the healthy development of children, as well as the reparation of moral damages within family relationships.

The importance of this study extends to the potential for debate it can generate both in academia and in society. In the academic context, the study contributes to enriching the reflection of students and researchers in the areas of Law and related fields. However, for society, access to this study can promote clarifications concerning the mental and legal impact of the investigated elements on personal and family life, encouraging the pursuit of rights.

Thus, it seeks to contribute to deepening the debate on family responsibility and the reparation of moral damages arising from emotional abandonment, aiming at the protection of the rights of family members and the promotion of justice in interpersonal relationships.

The structure of the outlined study unfolds in sections, where the theoretical framework will be detailed. The first section is dedicated to the analysis of the family, addressing its historical and conceptual evolution, as well as listing fundamental principles of Family Law, such as the dignity of the human person, solidarity, freedom, and, with special emphasis, the principle of affection, which plays a prominent role in this study.

Following this, the next section delves into legal responsibility in family relationships, a complex and comprehensive topic encompassing administrative, criminal, and civil areas. In Brazil, there is a growing trend towards accountability, particularly in the civil sphere. Exploring the concepts of affection and emotional abandonment, moral damages, and reparation, the latter from the perspective of the law that plays a prominent role in this study.

Finally, the last section delves into the evolution of Brazilian Family Law, highlighting the rise of affection as a fundamental pillar. It analyzes the reparation of moral damages in family relationships, especially emotional abandonment. This demonstrates how the 1988 Constitution promoted the recognition of affection, moving away from formalism towards valuing emotional well-being. Moral damages are presented as protection of personality, with delicate application within the family.

Emotional abandonment is identified as a cause of serious psychological damage, justifying civil liability, aligned with Law 15.240/2015. It concludes that the reparation of emotional damage was a necessary step forward to guarantee human dignity, holding accountable the omission of basic duties of care.

This dissertation is structured in four sections, outlined below. The theoretical framework, composed of three categories, offers a comprehensive and complex view of the problem.

The methodological approach presents the systematic approach that guided the construction of this study, describing the research context and the procedures used. It recognizes that research seeks to build and organize knowledge, guided by the interests and theoretical frameworks of each researcher, and that different approaches and methods can lead to diverse results.

The main objective of this work is to legally analyze the complex issue of family responsibility in Brazil, exploring its legal foundation, the historical trajectory of the family, the dimensions of family responsibility, the negative consequences of emotional abandonment, and the jurisprudence and doctrine on compensation for such abandonment.

Methodologically, this study is characterized as theoretical, bibliographical, and jurisprudential. The theoretical approach is employed to achieve an understanding of the theme and foster discussion on the specific issue. Bibliographic research utilizes existing literature, doctrine, and previous studies as sources to stimulate reflection on the thematic elements. Complementarily, the jurisprudential analysis investigates recent decisions in Brazilian law, especially those related to emotional abandonment, seeking answers to the problem in question.

Regarding the discussions, the results present and meticulously discuss the data collected during the research phase with the aim of ensuring a comprehensive analysis. The study focuses on all elements obtained during the defined collection period, with information extracted from sources such as official documents and published articles.

Finally, the concluding remarks, where the correlation of the sections leads to an answer to the research question, corroborate the proven importance of affection in the healthy development of children, regardless of the parents' relationship, aiming at the well-being of the offspring. It emphasizes the need for parental awareness of the consequences of emotional abandonment, classifying it as an illicit act.

Father and mother must fulfill their duties, ensuring the well-being and dignity of their children. A court ruling, while representing a punishment for the perpetrator of the harm, may not fill the emotional void caused by the abandonment of the affected child. It acknowledges the absence of perfect solutions for family conflicts within the legal and doctrinal framework, but highlights the effort of the legal system to maintain social order and the dignity of the human person.

1.1 OBJECTIVES

1.1.1 GENERAL OBJECTIVE

To legally analyze the configuration of civil liability for moral damages in family relationships, with emphasis on the reparation of damages resulting from emotional abandonment.

1.1.3 SPECIFIC OBJECTIVES

To explore the legal basis of family responsibility in Brazil, with emphasis on emotional abandonment and its possible reparation within the scope of Family Law.

To present the historical trajectory of the family, from its oldest forms to its current configuration.

To distinguish the different dimensions of family responsibility: emotional care, education, and patrimonial support.

Investigate the negative consequences of emotional abandonment for individual development.
Analyze the jurisprudence and doctrine regarding compensation for emotional abandonment.