Análise da fundamentação da responsabilização civil dos genitores por abandono afetivo no Brasil

Abstract

The application of civil liability for emotional abandonment has been admitted over the years. However, doubts remain regarding its legal support, so it is necessary to analyze its theoretical basis and related legal arguments. Bibliographical and case law research was used through books, scientific articles, theses, dissertations and judicial decisions of the Superior Court of Justice and the Courts of Justice. The study began with an overview of Family Law, commenting on definitions of emotional abandonment, the evolution of families and parental authority and the principles that currently govern family relationships; then, the study discussed civil liability, moral damages, personality rights, the application of civil liability in Family Law, and also exposed a relevant part of the case law that has consolidated the admissibility of emotional abandonment, pointing out where dissonances persist, evidencing the need for standardization on these points.