PARENTAL EMOTIONAL ABANDONMENT AND CIVIL LIABILITY: LEGAL FOUNDATIONS FOR COMPENSATION FOR EMOTIONAL DAMAGES

Abstract

Parental emotional abandonment has become an increasingly relevant topic in the field of family law, particularly in light of the expansion of legal protection granted to children and adolescents and the growing recognition of affectivity as a fundamental principle in family relationships. In this context, the present study aims to analyze the legal foundations of civil liability arising from parental emotional abandonment, with emphasis on the possibility of compensation for emotional damages. To achieve this objective, a literature review was conducted based on recent scientific articles that address the topic from different theoretical and legal perspectives. The research focused on studies examining parental duty of care, the recognition of affectivity as a principle in family law, and the legal elements required to establish civil liability in cases of emotional abandonment. The results indicate that parenthood involves responsibilities that go beyond material provision, including emotional support, family coexistence, and active participation in the development of children and adolescents. It was also verified that civil liability in such cases depends on the demonstration of the parent's omission, the existence of emotional damage, and the causal link between the omission and the harm suffered by the victim. It is concluded that the legal recognition of parental emotional abandonment as a possible basis for civil reparation represents an important advancement in the protection of children's rights and contributes to strengthening the legal understanding of parental duties within contemporary family law.