CIVIL LIABILITY ARISING FROM PARENTAL ABSENCE FROM THE PERSPECTIVE OF THE PRINCIPLE OF AFFECTION AND THE DIGNITY OF THE HUMAN PERSON

Abstract

Civil liability arising from parental absence has gained prominence in Brazilian Family Law, especially given the increased value placed on the principles of affection and human dignity. In this context, this study aimed to analyze the possibility of holding parents civilly liable for omission in their duty of affective care, in light of the current legal system and the innovations introduced by law nº. 15.240/2025. It also sought to understand the theoretical and legal foundations that support this liability, as well as its limits and practical implications. The methodology adopted consisted of qualitative bibliographic research, based on the analysis of contemporary legal doctrine, relevant legislation, and consolidated jurisprudential understandings. Reference works in Family Law were examined, in addition to scientific articles and recent academic productions on the subject. The results demonstrated a growing recognition of affection as a relevant legal element, with the duty of care understood as a legal obligation of parents. The unjustified absence of this care, when capable of causing harm to the psychological and emotional development of the child, may give rise to civil liability, provided that the legal requirements are proven. Law No. 15.240/2025 reinforces this understanding by expressly recognizing emotional abandonment as a civil wrong, providing greater legal certainty to the matter. It is concluded that civil liability for parental absence represents an important instrument for protecting the fundamental rights of children and adolescents, especially with regard to the dignity of the human person. However, its application must be carried out judiciously, considering the particularities of each case, in order to avoid trivializing the institution and guarantee justice in family relationships.