O caráter in re ipsa do dano decorrente de abandono parental

Abstract

Family, the primary socialization environment, is responsible for initiating the development process of individuals. By exerting a significant influence on the psychological and social formation of its members, it constitutes the primitive medium for the transfer of values and behaviors. Due to the extreme relevance of the family's social function in shaping the human being, parental abandonment is understood as an injury to a protected legal interest caused by the failure to exercise parental authority in accordance with Article 1,634 of the Civil Code. In this sense, the principle of civil responsibility also extends to harm caused to others in Family Law. With this work, it is intended to prove that the damages resulting from parental abandonment have an "in re ipsa"

nature, requiring no evidentiary proof, and, from this perspective, presuming harm once abandonment is proven. The deductive method was adopted, starting from the family considered legally and socially to reach the core of the theme - the presumption of harm caused by emotional abandonment. The thematic relevance of the research is based on the recent expansion of the constitutional recognition of human dignity, the understanding of affection as a fundamental element in the new family configurations, and the advancement of the debate on non-material damages. These aspects have a direct impact on society and, consequently, in the legal sphere.