O abandono afetivo e o dever de indenizar

Abstract

This study analyzes emotional abandonment from the perspectives of Family Law and Civil Liability, examining the possibility of compensation arising from the breach of the legal duty of care. It begins with the understanding that, although affection cannot be imposed by the legal system, it constitutes an essential element for the development of personality and the protection of human dignity. Furthermore, the study examines the evolution of the principle of affectivity in family relationships, the characterization of emotional abandonment, the termination of parental authority, reverse emotional abandonment, and the requirements for civil liability. It also analyzes the doctrinal, judicial, and legislative developments on the subject, highlighting the consolidation of the understanding that the unjustified omission of parental duties may give rise to compensation for moral damages, as well as the express recognition of emotional abandonment as a civil wrong by Law No. 15,240/2025. The study concludes that civil liability is not intended to assign an economic value to affection, but rather to compensate for the damages resulting from the breach of the duty of care, thereby reaffirming the full protection of children and adolescents, the principle of human dignity, and the social function of the family in a Democratic State governed by the rule of law.