CIVIL LIABILITY FOR EMOTIONAL ABANDONMENT IN PARENTAL RELATIONSHIPS: AN ANALYSIS OF THE POSSIBILITIES AND LIMITS OF LEGAL REDRESS IN THE BRAZILIAN LEGAL SYSTEM

Abstract

Emotional abandonment in parental relationships has become an increasingly relevant topic within Family Law, especially in light of social, constitutional, and legislative transformations that have come to recognize affection and the duty of care as essential elements for the development of the personality of children and adolescents. In this context, the recent Law No. 15.240 of 2025 represented an important normative advance by expressly strengthening the duty of emotional assistance and recognizing family life and emotional support as obligations inherent to responsible parenthood, giving greater normative density to the discussion on emotional abandonment in the Brazilian legal system. Therefore, this study aimed to analyze the possibilities and limits of civil liability for emotional abandonment in parental relationships, in light of the Brazilian legal system, considering the legal, doctrinal, and jurisprudential foundations, as well as the recent changes introduced by Law No. 15.240/2025. Methodologically, the research was developed through a bibliographic and doctrinal review of the literature, with a qualitative approach, of a descriptive and exploratory nature, using legal works, scientific articles, legal provisions, and relevant jurisprudential decisions on the subject. The results showed that contemporary doctrine, Brazilian jurisprudence, and new legislation have begun to more explicitly recognize the possibility of civil liability for emotional abandonment when a violation of the parental duty of care is proven, as well as the existence of moral damage and a causal link between the parent's omission and the harm suffered by the child. It was also found that Law No. 15.240/2025 consolidated understandings previously built by doctrine and the Superior Court of Justice (STJ), especially regarding the recognition of emotional assistance as a legal duty. Therefore, it is concluded that civil liability for emotional abandonment constitutes an important legal instrument for protecting the dignity of children and adolescents, provided it is applied judiciously, with sound reasoning, and compatible with the particularities of each specific case.