Responsabilidade civil decorrente do abandono afetivo causado pelo genitor

Abstract

Affective abandonment causes harm, especially when the parent fails to fulfill inherent duties of family power. Brazilian courts, observing the paternal-branch relationships and backed by civil liability, condemn the perpetrator of the moral damage to the pecuniary compensation. Observing affection as an element that contributes to the integral formation of the human being, we have the following research question: What are the legal and moral consequences that the non-compliance with the duty of care can generate? The main objective of this paper is to point out some of the consequences that emotional abandonment can cause to offspring and the legal effects borne by the causer. As secondary objectives: to raise the state of the art, to record the effects of the damage from the expert point of view and to report a life story recording the procedural process of the demand. The methods developed in this research provided record: a life story, review the literature, conduct semi-structured interview and analyze a concrete case. It is intended to collaborate with scientific knowledge to the extent that it was possible to detect the existence of pecuniary burden for the parent, allowing the victim some personal comfort. Future studies include: a) raising court decisions in central Brazil with a court in the southern region, pointing out the motivation and differences in the conviction value, b) investigating the possibility of the extinction of family power resulting from abando affective with the maintenance of the inheritance right.