O afeto como dever fundamental e a responsabilização civil por dano moral decorrente do abandono de filhos

Abstract

The present work aims to analyze affection, commonly regarded as a moral sentiment. However, due to the rapid transformations that contemporary society faces with changes in family relationships, it becomes pertinent to also examine it as a fundamental duty. Based on certain principles that will be addressed throughout this study, the importance of affection is analyzed as an expression of the duty of care. Providing emotional support constitutes the fulfillment of the duty inherent to parents to care for their children, being an essential element for family life and the individual’s holistic development. Furthermore, the study will address civil liability for moral damages in cases where parents fail to provide emotional support—the controversial issue of emotional abandonment—highlighting how this regrettable circumstance violates the personality rights of the child, causing various psychological and often physical harms. Finally, to bring greater understanding of the subject to the practical reality of society and the Courts, an appeal filed before the Superior Court of Justice (STJ) will be analyzed, in which the appellant sought compensation for the damage suffered as a result of emotional abandonment. Thus, the present work will employ as methodology the application of renowned bibliographical sources, as well as a case study, combining theoretical analysis with lived practice. In sum, it seeks to demonstrate, above all, that no material assistance, however important it may be, can ever replace the emotional support that every individual’s spirit requires.