A responsabilidade civil dos pais por abandono afetivo dos filhos

• Main Author: Martignago, Cláudia Antunes
• Publication Date: 2017
• Format: Bachelor thesis
• Language: por
• Source: Repositório Universitário da Ânima (RUNA)
• Download full: https://repositorio.animaeducacao.com.br/handle/ANIMA/7635
• topic: Família; Abandono afetivo; Responsabilidade civil; Dano moral

The family, a group united by affection and respect, has gone through many stages and, at present, it is recognized whatever its formation. There are some cases in which the companions finish their relationship and one of them moves away from the children, for different reasons. When this distancing is voluntary and unjustified, it can configure affective abandonment, which causes emotional imbalance, isolation, learning difficulties, among other negative feelings. Faced with this reality, this study was conducted with the objective of verifying the civil responsibility of the parents through the affective abandonment of the children. Therefore, it is considered essential to define the specific objectives: highlight the evolution of concepts and the social role of the family, the duties of parents towards their children, the concepts of civil responsibility and moral damage, as well as clarifying their effects on children’s life. A literature review was carried out based on different authors, in order to understand their position on the subject, as well as a jurisprudential analysis, as a way of pointing out the decisions of different courts of the country. The jurisprudential analysis made it possible to understand that magistrates are very careful to comply with all the assumptions of civil responsibility, including with the intention of avoiding that the issue becomes only a way of obtaining resources under the pretext of affective abandonment. When these assumptions are met, it is the responsibility of the parent who has abandoned them, and thus they should compensate the victim for moral damages, aiming at the reestablishment of their emotional conditions.