O abandono afetivo e a responsabilidade civil dos pais pelos danos causados no desenvolvimento psicossocial dos filhos.

Abstract

The present monograph analyzes the institute of the affectionate abandonment and the possibility of the civil liability of the parents for the damages inflicted in the psychosocial development of the sons, considering the fact that the affectionate abandonment can inflict irreparable consequences to the kid’s and teenager’s psychosocial developments; plus, this damages can endure for their whole life. However, there are discussions in the doctrine and the jurisprudence about the possibility of the indemnification for moral damages by the abstinence of affectivity in the relationships between the parents and the sons; thereby, it will be demonstrated the positioning of the Courts, favorable or not about this issue. The study is based in the doctrine and the civil and constitutional law, observing the main principles applied in the family’s relationships. With the study realized at this research, it can be completed that the affectionate abandonment is an illegal act and, once recognized the offense to the fundamental rights of the child, the parents are subject to preventive and protective penalties, or, yet, according to some jurists and professors, to repair the damages inflicted, even when the damages are exclusively moral, based in the principle of the human dignity. Therefore, it’s important to remember that, the civil liability for affectionate abandonment happens when the damage inflicted to the victim’s personality is proven. Thus, the civil liability demonstrates the best alternative to prevent the affectionate abandonment, beyond be the most effective form to repair the psychic damage suffered by the son by the absence of caring and love in his development as a person.