EXISTE UM DEVER JURÍDICO DE CUIDADO? O ABANDONO AFETIVO SOB O PRISMA DOS PRESSUPOSTOS DA RESPONSABILIDADE CIVIL

Abstract

The present study is a brief analysis of the indemnity actions for moral damages due to affective abandonment under the prism of the assumptions of civil responsibility, for that, it was observed the parental obligations in the Brazilian legislation, notably, the existence of the duty of care and the consequent violation of this duty, and it was concluded that the duty of “affectionate care” (parent’s attention and affection towards their children) does not derive from our legal system nor does the violate of this right is not an illicit act. In addition to that, these actions do not fulfill their social function, or at least mitigate the problem of men’s parental abandonment in Brazil, therefore, if the action for compensation for affective abandonment prospers over time, certainly it will be create the figure of the “abandonment of the present father”, since “compulsory love” will become a bigger problem than the absence itself because there is no need to be physically distant to demonstrate the lack of interest for someone.