Estudo normativo acerca da responsabilidade civil por abandono afetivo.

Abstract

This monographic study deals with the emotional abandonment, or what is the concept of omission of care, care, education and company by parents in relation to their children in childhood and adolescence. It aims to analyze or position the Brazilian legal system on civil liability for moral damages, with a view, mainly, to the principles of human dignity and full protection of minors. In the face of this, he asks the following question: Is it possible to hold parents responsible, who should be able to provide assistance, by means of the action that claims civil reparation for moral damage? As a hypothesis of a problematic problem, if it is possible to make the parents liable through the indemnity, although it is not able to recover the damage suffered by the child who has been abandoned. It justifies whether the theme for the importance of the item as a basic constituent element of the family relationship, because its absence, while the individual is in development, can cause irreversible damage. There is no methodology employed, use historical-evolutionary as a method of procedure, by which the family institute is seen from historical origins to a current conjuncture disabled by the Brazilian legal system. While the approach method, uses the deductive method aimed at analyzing the legal aspects involving a civil reparation for moral damage resulting from emotional abandonment and as research techniques, a bibliographic and documentary, the first turning to reading and fiction of. doctrines, articles and theses related to the subject; and a second, by analyzing court decisions that involve or study. In view of the foregoing, if judicialization is made, if you seek civil redress for moral damages, you should be guided by the maximum protection for children while subject to vulnerability and, therefore, understood as a form of punishment or parent who fails to act. provide it, as affection cannot be monetized.