Abandono afetivo de filhos e reparação civil: desafios e perspectivas no direito brasileiro contemporâneo

Abstract

This study aims to analyze civil liability for emotional abandonment, defining when a parent's failure to fulfill their duty of care constitutes an unlawful act and gives rise to compensation for moral damages to their children. It starts from the transformations in Family Law after the 1988 Constitution, the principle of human dignity, the best interests of children and adolescents, and the principle of affection, to address the recurring objection that affection cannot be imposed, distinguishing feelings of affection from legal duties of presence, care, and support. To this end, the research uses the deductive method, as well as theoretical and bibliographic research, drawing on a wealth of bibliographic material to construct hypotheses, refine ideas, and substantiate the subject in question. The aim is to find an answer to the problem. Thus, the research focuses on the doctrine and judgments of the STJ, in view of a long-standing legal uncertainty regarding the subject. With the recent publication of the new law that recognizes emotional abandonment as a civil offense, as conduct subject to damages, its gaps are analyzed to determine whether we are still in the presence of some degree of legal uncertainty, even after the publication of the law. Finally, a critical summary of the findings and normative and jurisprudential recommendations on the subject is offered.