THE APPLICABILITY OF THE DOCTRINE OF IN RE IPSA DAMAGE IN CASES OF FILIAL AFFECTIVE ABANDONMENT AGAINST CHILDREN AND ADOLESCENTS

Abstract

This paper addresses the applicability of in re ipsa damages in cases of filial emotional abandonment against children and adolescents. It aims to analyze the applicability of in re ipsa moral damages in cases of filial emotional abandonment involving children and adolescents in Brazil, in light of legal provisions and jurisprudential and doctrinal evolution. It is justified by its contribution to ensuring the quality of academic and scientific research and strengthening the legal protection of children and adolescents against emotional abandonment and the violation of fundamental rights. It applies the following research question: how to minimize the impacts of emotional abandonment on children and adolescents in light of Civil Law and consolidated jurisprudence? The problem reflects the proven psychological suffering in children/adolescents. It is a bibliographic research with a qualitative approach and descriptive literature review, based on Cavalieri Filho (2023), Nucci (2026), Tartuce (2026), and others. Regarding the criteria, only studies published in Portuguese on the descriptors "emotional abandonment" and "in re ipsa damage" are included, excluding works published in other languages. The hypotheses present perspectives on the reparation of filial emotional abandonment of children and adolescents, due to the violation of parental duties under Civil and Family Law, according to legislation and jurisprudence.