Responsabilidade Civil dos pais perante o abandono afetivo dos filhos: possibilidade de reparação do dano moral.

Abstract

This study aimed to demonstrate the importance of affect in paternal-filial relationship, and the possibility of compensation for moral damages in the affective abandonment. The family is considered the foundation of society, is the primary socializing agent of the human being. The state has the right to preserve and organize life in society in order to ensure the family structure, because of changing that contemporary family spent. The lack of interaction of parents with children, in the face of disruption of the affective link, can generate emotional damage and compromise the development of the offspring. The omission of the parents in the exercise of Family Power comes occasioning civil compensation for emotional damage. In past cases, such repair was not possible, on the grounds of being impossible to quantify love, not forcing anyone to love anyone. Recent decisions of the High Courts have been favorable towards indemnify parents who do not give affection to their children. The Moral damage is a possible legal principle to be applied as a preventive means of emotional abandonment situations and as a punitive instrument of those who violate the family life of duties and violate the fundamental principle of all interpersonal relationships, the dignity of the human person. For the filing of moral damages for emotional abandonment, the damage should be evident, confirming the lack of affection, feeling that this should be part of family relationships. Thus, the duty to indemnify originating affective abandonment is based on the actual damage to the individual's personality and the causal link. Because of its legal significance, much discussed in doctrine and courts, deserves a detailed analysis through Bibliographic-Documentary research Deductive approach aiming to reflect the contending positions on the subject.