OS REFLEXOS JURÍDICOS DO ABANDONO AFETIVO PARENTAL E A PRECIFICAÇÃO DO AMOR À LUZ DA RESPONSABILIDADE CIVIL

Abstract

As the main responsible for development and shaping, since birth, parents have the legal duty of care and participation in a material and affective way in the upbringing of children, whether married, divorced, widowed or single. However, from the moment that the parents themselves do not become affectively involved in the life of the child and adolescent, they become susceptible to psychological impacts capable of interfering in the process of building their personalities, physical and mental damage and consequences, in the short and long term. In this context, the right to compensation for parental affective abandonment has the elements for its configuration in the organization and regency of family entities, which, in short, should seek the satisfaction of the realization of the personality of all with special attention to the offspring. Thus, the non-participation of parents in the life of their children can give rise to civil liability and, consequently, reparation for damages caused through compensation for moral damage. In this sense, the present study aims to analyze the legal effects resulting from parental affective abandonment and the possibility of arbitrating values as moral damages in these cases. For this, the analytical-inductive methodology was predominantly used, based on bibliographical, legislative and jurisprudential research. Still, were woven some conceptions and considerations about the most important principles of Family Law, the institute of civil liability and moral damage in situations of emotional abandonment, culminating in a reflection on the patrimonialization of affection.