ABRANTES NETO, O. N.; http://lattes.cnpq.br/2205839561841169; ABRANTES NETO, Ozório Nonato de.
Resumo:
This study aimed to verify, from a purely theoretical-legal point of view, the possibility of civil
liability, based on the Theory of Loss of a Chance, of the mother who omitted to the father the
information about the paternity of his offspring, removing from him the opportunity to having
formed an affective bond with their child(ren), causing the feeling of frustration both in the
deceived parent and in the offspring that developed without a father figure. To arrive at the
hypothesis, the institute of the family was initially approached, in its concept and historical
evolution, from ancient Rome to the advent of the Federal Constitution of 1988. Then, general
notions about civil liability were addressed, presenting its concept and presuppositions for
characterization, as well as their exclusions brought by the law. Finally, it was about the Theory
of Loss of a Chance from the perspective of doctrine and jurisprudence, and its applicability to
relationships governed by Family Law, moving on to the analysis of the hypothesis of civil
liability of the mother who omitted to the parent the information about the paternity of his
offspring, causing irreversible damages in the formation of the affective bond. As for the
methodology, the present study was based on a descriptive, hypothetical and deductive
research, with a qualitative approach and of the bibliographic type, considering that there is a
problem and a fixed hypothesis, not being necessary to use statistical or quantitative data to
reach the intended conclusion, starting from a general analysis of the themes correlated to the
main idea, as exposed, to then approach the hypothesis of civil liability object of the research
and obtain the imagined conclusion, with the use of doctrines, scientific articles, text of law and
judgments from the Brazilian Courts. In the end, it was understood that civil liability is possible
for the mother who omitted to the father information about the paternity of his offspring, based
on the Theory of Loss of a Chance, given the negligent conduct practiced by the mother in
violation of the values and principles that guide family relationships, causing irreparable
damage to the parent-child relationship.