The emotional abandonment and compensation for moral damages

Authors

Janete Costa Araújo

Keywords:

affective abandonment, moral damage, indemnity

Synopsis

This project analyzes the legal possibility of claiming compensation to repair moral damages caused by emotional abandonment, considering Brazilian doctrine, jurisprudence and cultural history. It focuses on the appropriateness of reparation, through pecuniary amounts, for the psychological damage caused by this form of abandonment, and the specific and general educational and punitive nature inherent to the indemnities. It is important, in this course, to analyze the emerging importance of affection in our legal system and its influence on Family Law, as well as this new nomenclature accepted in the branch of the law of family relations. In the end, we came to the conclusion that the current majority jurisprudence of the STJ ismistaken in understanding that these requests are unreasonable. Compensation for emotional abandonment is legally viable, but must be treated very delicately, taking into account the possibility of illicit enrichment and the lack of social command of the obligation to love your children.

References

ARAÚJO, Janete Costa. O abandono afetivo e a indenização por dano moral. 2021. 39f. Monografia (Graduação em Direito) – Faculdade Minas Gerais, Belo Horizonte, 2021.

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Published

June 16, 2021