CIVIL LIABILITY FOR EMOTIONAL ABANDONMENT IN FAMILY RELATIONSHIPS

Abstract

Emotional abandonment in family relationships has become a relevant topic in contemporary Family Law, especially given the emphasis on human dignity and affection as interpretative vectors of the Brazilian legal system. The discussion transcends the moral realm and becomes part of the legal debate on civil liability, particularly when the omission of the duty of care compromises the emotional development and psychological integrity of vulnerable children or family members. This study aimed to analyze the possibility of civil liability for emotional abandonment in family relationships, its legal foundations, its limits, and its practical application in the Brazilian legal system. The methodology adopted consisted of qualitative research, of an exploratory and descriptive nature, developed through a systematic bibliographic review, with analysis of contemporary doctrine, relevant legislation, and jurisprudence of the superior courts. The results indicate that civil liability is legally possible in exceptional cases, provided that the classic prerequisites of civil liability are proven, unlawful conduct, damage, and causal link, and that the absence of affection should not be confused with the breach of the legal duty of care. It is concluded that the law cannot impose love, but it can demand the fulfillment of parental duties, with compensation being a legitimate instrument for the protection of human dignity, provided it is applied with caution, proportionality, and adequate justification.