Responsabilização civil dos pais em face dos filhos por abandono afetivo.

Abstract

The institution of family is very affected by constant social changing, emerging the more different problems and, among them, the question of civil liability of parents for their affective abandonment with their children. Thus, the question that present consists in verify the possibility of applying the civil reparation for moral damages in cases where the lack of affection is a triggering event of a wrongful act. Thus, the general objective of this work refers to analyze the civil liability or not for the parents, as a punishment imposed on parents for the affective abandonment. In fact, the objective is still study the institution of family and examines the institute of civil liability, as well as examining the feasibility of setting moral damages to the victim, including the effective damages to the children. Indeed, that harmful omission to the minor hurts the principle of human dignity and the affectivity, reason that justifies and bases also the possibility of indemnity to the abandoned son. To this aim, it is used the deductive method of approach, analyzing principles and general laws for specific arguments. In fact, it is also used the historical method of procedure, in view of the need to examine the family over time, beyond the exegetical method, for the interpretative use of laws and judges and jurisprudence, together with the indirect search technique, based on collection of bibliography of the various doctrinal works. Given the importance of the approached subject and the contrary view of part of the jurisprudence by no merits of indemnity for moral damages for affective abandonment, this work supports the plausibility of the existence of effective psychological and moral damage to the child and demonstrates the suitability of the applicability of civil liability in the context of family relationships.