Moral damage for affective abandonment
Keywords:
Moral damage, affective abandonmentSynopsis
Moral damage due to affective abandonment is a relevant topic in the Brazilian context and deserves to be discussed, since there are many victims of disaffection. However, it is still under the cloak of many controversies in the national order and jurisprudence, which has often promoted injustice, leaving the minor helpless, even from the guardianship of the State. It appears that moral and affective abandonment can generate a possible applicability of the institute of civil liability in Family Law, since, emotionally abandoning a child can generate serious suffering for the one who is abandoned. Which would generate the possibility of applying a penalty of compensation for moral damage. It is observed in some understandings that the affective abandonment of a child by the parents, like the guardian, is evidenced in a possible repair for recurrent damages, where it is observed that Family Law remains linked to the principle of human dignity. The bond between parents and children must be permeated with care and responsibilities, regardless of the marital status of the parents.
References
REIS, Cristiana Antonia. Dano moral por abandono afetivo. 2022. 34f. Monografia (Graduação em Direito) – Faculdade Minas Gerais, Belo Horizonte, 2022.