CIVIL LIABILITY FOR EMOTIONAL ABANDONMENT AND COMPENSATION FOR MORAL DAMAGES IN THE ABSENCE OF AN EMOTIONAL BOND BETWEEN PARENTS AND CHILDREN

Abstract

This study analyzes civil liability for parental emotional abandonment and the possibility of compensation for moral damages resulting from the absence of an affective bond between parents and children. The research is based on the transformation of Brazilian Family Law following the 1988 Federal Constitution, which shifted the focus from a patrimonial approach to the protection of human dignity, family solidarity, and the best interests of the child and adolescent. In this context, it examines whether the omission in fulfilling duties of care, coexistence, and moral assistance may constitute a compensable unlawful act, without implying the undue commodification of affection or the trivialization of civil liability. The study adopts a deductive method with a qualitative approach, based on bibliographic and documentary research, supported by specialized doctrine, relevant legislation, and case law from the Superior Court of Justice, particularly Special Appeals No. 1.159.242/SP and No. 1.887.697/RJ. The findings indicate that civil liability for emotional abandonment is exceptional in nature, requiring the concurrent presence of unlawful omission, actual damage to the child's existential sphere, a proven causal link, and fault assessed in concreto. It is also observed that the issue remains doctrinally controversial, with significant divergences regarding the limits of civil liability in family relationships, especially in light of the risks of trivialization and evidentiary challenges. It is concluded that compensation is not intended to assign economic value to affection, but to repair violations of dignity and psychological integrity, and must be applied cautiously and exceptionally to avoid excessive judicialization of family conflicts and the distortion of the institute.