Responsabilidade civil por abandono afetivo dos filhos de acordo com o Superior Tribunal de Justiça

• Autor(a) principal: Boit, Taise Vicente da
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6770
• topic: Indenização civil por abandono afetivo; Abandono afetivo; STJ

The present work aims to analyze the civil liability for emotional abandonment of the child according to the understanding of the Superior Court of Justice. The proposed theme was developed in five chapters. First, the subject was introduced, emphasizing its importance. Afterwards, considerations were made about the family in the Brazilian legal order, listing the principles related to the theme, such as the dignity of the human person, the integral protection of children and adolescents, the best interests of children and adolescents, affectivity, solidarity and family life, responsible parenting and the search for happiness. In the third chapter, an approach was made about civil liability, bringing, at first, the historical evolution of the institute and, later, its elements, emphasizing contractual and non-contractual, objective and subjective civil liability. The fourth chapter dealt with the central theme proposed, discussing the civil liability of parents for the emotional abandonment of their children. The existing Draft Laws on the matter were narrated and, then, the arguments used by the Superior Court of Justice were favorable and opposed to reparation for emotional abandonment. At the end, the fifth chapter presented the final considerations about the present work of conclusion of course.