CIVIL LIABILITY FOR PARTENAL AFFECTIVE ABANDONMENT IN BRAZIL AND ITS INCIDENCE OF MORAL DAMAGES

Abstract

This article analyzes the civil liability arising from paternal-child emotional abandonment in Brazil, discussing its legal, social, and psychological consequences. The relevance of this research stems from the observation that affection, recognized as a fundamental legal value associated with human dignity, when neglected, compromises the integral development of children and adolescents and may constitute a civil wrong subject to reparation. The central problem guiding this study is to determine whether paternal neglect in the emotional sphere can give rise to the obligation to compensate and what the limits and possibilities of this liability are under Brazilian family law. The overall objective is to demonstrate that emotional abandonment should not be interpreted as a mere personal choice of parents, but as a violation of legal duties arising from parental authority. Methodologically, this involves bibliographical and documentary research, with an analysis of doctrine, legislation, and case law. The results indicate that civil liability serves a compensatory function by mitigating the emotional harm suffered by children, and also serves a pedagogical function by discouraging negligent behavior. The conclusion is that the consolidation of affection as a legal value is irreversible, and that civil liability for parental negligence reinforces the comprehensive protection and effectiveness of children's and adolescents' fundamental rights.