THE IMPRESCRIPTIBILITY OF THE RIGHT TO COMPENSATION FOR BREACH OF THE DUTY OF CARE FROM THE PERSPECTIVE OF THE PRINCIPLE OF HUMAN DIGNITY

Abstract

This study seeks to explain how fundamental rights are defined and to identify their general characteristics, thereby examining the protection afforded by the principle of human dignity. It adopts a logical-deductive method within a qualitative, documentary, and bibliographic study, combining a narrative review of Brazilian legal literature with an analysis of legislation and judicial decisions. It examines the distinction between affection as a feeling that cannot be compelled and care as a legal duty arising from parent-child relationships, considering the duty of emotional support established by Law No. 15,240/2025. The discussion focuses on whether claims for compensation should be exempt from limitation periods, in contrast to the ordinary rules governing civil liability. It concludes that the new law strengthens protection of the fundamental right to care but does not exempt compensation claims from limitation periods. The article advocates such an exemption as an interpretive proposal grounded in comprehensive protection, the constitutional priority afforded to children, and effective redress, while addressing the distinction between rights and claims, legal certainty, and legislative silence on limitation periods. As a subsidiary approach, it examines the starting point of limitation periods under the actio nata doctrine, without treating later discovery of damage as automatically decisive.