Responsabilidade civil por abandono afetivo dos pais perante os filhos.

Abstract

This monographic study is about the civil liability arising from the emotional abandonment of parents towards their children, and will continue in order to answer the following question: Can affective abandonment of children caused by parents be considered a civil offense, generating indemnification for moral damage? Thereby, the general goal of this study is to analyze whether it is possible to blame the parents civilly for the emotional abandonment towards their children, and if there is a possibility of the damage resulting from such neglect, be indemnified. Also as specific objectives, we will discuss issues related to family institute, as well as describe, to present the functions and elements that surround and characterize the civil liability institute. Similarly, being the main subject, we intend to speak about the possibility of civilly blame the parents for emotional abandonment towards their children, and if there is possibility of the damages arising from this abandonment being indemnified. For this, we use the methods of exploratory research, descriptive and literature, which consist primarily to explore and descant the chances of emotional abandonment by parents, to conceptualize the family institutes and civil liability, the latter method based on books, articles and websites. The pleading of indemnification for emotional abandonment of children caused by their parents is a relatively new subject in the world of family, and there are still many differences between doctrine and jurisprudence, when it comes to parental duty to indemnify or not the child for such abandonment, thus, aiming to the constant changes of laws, which have the largest purpose always improving family life, the importance of the figure of the parents in physical, mental and psychological formation of the children and the effects that abandonment can have on them. In the end, it appears that the family institution has undergone considerable changes, and gradually began to emerge the legal appreciation of affection causing the affection to become the main characterizing element of the family unit. As the solution of the main problem presented in this work, one can conclude that despite the divergence in doctrine and jurisprudence on the duty to indemnify, such plea is possible, when there is noncompliance with the duties prescribed by law as well as the fulfillment of assumptions, unlawful conduct of the parent, damage and causal link between the conduct and the harm suffered. Since there is an effective parameter that can fix firmly when it is the case of civil liability for affective or not abandonment. Always will depend on the case and its circumstances.