A responsabilidade civil diante do descumprimento do dever de assistência imaterial na relação paterno-filial

Abstract

The affective and instrumental character of the contemporary family derives from the main function of this institute: the support in the development and educational formation of its members. The children have, in their familiar environment, the support and careness necessary for their personality build. The violation of the parental duties incurs that development, causing moral pain and bringing to light a possibility of reward after such damages through monetary compensation, by the judiciary law. Thus, by the legislative protection for individual rights, to the dignity of the human person and family, the non obedience of the paternal responsibility such as providing full conditions for their children’s educational formation, must be punished, compensated and reimbursed, by means of reimbursing quantum, established by the judge, as a concrete case, considering the punitive and pedagogic principle of proportionality and reasonableness.