Responsabilidade civil nas relações de família: dano moral por abandono afetivo.

Abstract

The value of the family for the formation of the human being requires the State the duty of care and protection as a way to build a solid and harmonious society. It is expected that the necessary solutions to the conflicts arising out of the constant changes occurring in the context of family relationships, because the right has to monitor the changes and fit them, giving the required solution to conflicts in each time. The family is therefore affected by these constant changes that give rise to various issues, among them the question of civil responsibility of emotional abandonment by parents to their children, a fact that has caused a great stir the legal world. It is intended, therefore, before the new constitutional and civilian order study the applicability of civil reparation in the context of family relationships, specifically the parent-child relationships, which is the failure of the parents of their legal duty to assist, concerning the living and education of children, compromising their education, injuring their dignity as human beings and bringing losses to their development. From this context, the objective is also to analyze the pertinence of compensation for moral damage resulting from the negligence of parents in relation to the abandonment of children. It was chosen therefore to use the method of deductive approach, analyzing the principles and general laws to specific arguments. Using also the historic method of procedure, taking into account the need to examine the family over time, and also the development of the civil responsibility institute beyond the legal-exegetical, interpretive use of the laws and jurisprudence, along with the technique of indirect search, based on literature collection, enabling the purposes for which they were chosen. Despite the complexity of the issue, and the contrary view of the part of jurisprudence that the press is not no place of compensation in cases of emotional neglect, this research aims to demonstrate the plausibility of the existence of an effective moral and psychological damage to the helpless child, and also demonstrate the suitability of the applicability of civil responsibility in the context of family relationships in dealing with the fundamentals of the Federal Constitution of 1988, the Civil Code, the Children and Adolescents Statute, judicial decisions, and of Bill No. 700/2007.