Aplicabilidade do dano existencial no abandono afetivo

Abstract

The objective of this study was to discuss the possibility and limits of civil liability in the duty to repair for existential damage in affective abandonment. It is a research carried out from a review of current scientific production. The thematic was explored in the face of the vulnerable, being the minor child or the sick or elderly parent, who involuntarily underwent changes in daily life and relationship life due to affective abandonment. Thus, it was tried to conceptualize the damage as an unlawful act and to blame the person causing the harm, based on the basic principles of family law related to human dignity, solidarity and affectivity. It also demonstrates the civil liability for existential damage, its possibility of application, its constitutional foundations and the position of the Courts in the face of the modern damage and losses suffered by the injured, with an exposition of facts. The results of this study indicate that the family institute is protected by the current Constitutional Diploma, determining rights and duties to its members, so that it especially protects the vulnerable from the family relationship, imposing the responsibility to the other members of the family. They also indicated that he who leaves affectively must compensate for the damages caused by the noncompliance with the duties that make up the family power.