O abandono afetivo nas relações paterno-filiais como elemento ensejador de indenização por danos morais.

Abstract

With the advent of a new constitutional and civilian order in Brazilian law, it is arisen questions not previously foreseen and pending of resolutions. The family, so affected by changes that the new order imposed, is permanent target of these issues. One of the most relevant dispute is the responsibility of parents to their children, in the case of configuration of emotional abandonment. Thus, this research is to explore the parental abandonment, which is when the parents are omit in the legal obligation to educate the child, endangering his/her training as a person and as a citizen, since injuring the constitutional principle of human dignity, what justifies the possibility of compensation to the abandoned child. It is a study aiming to investigate the civil responsibility of parents with the place of emotional damages for abandonment, caused by the absence of parents in child training because of the moral damages that this negligence may cause. So, this essay relies on the use of deductive method, based on analysis of general principles and laws for private arguments, in addition to the historical methods, due to the need to frame the family in Brazilian society, and the institute's own liability, the interpretation and comparison methods, for better understanding of the studied subject, not forgetting the bibliographic searches in the various doctrinal works, bringing reference to the matter, legal sites and legal journals. Despite of the complexity of the addressed issue and the good understanding of the jurisprudence by not approving compensation for moral damage in the emotional abandonment, this work has the draft to demonstrate the plausibility of the existence of an effective moral and mental suffering on infants by emotional abandonment of their parents, as well as the legal basis for responsibility imposed on them by these acts, providing compensation for moral damage to those, as has already been expressed from part of the jurisprudence.