Civil liability arising out of affective abandonment of parents

Authors

Emanoel da Silva Alves de Oliveira
Famig

Keywords:

Affective Abandonment, Civil responsability, Family right

Synopsis

The present work aims to address the Judiciary's response to cases in which it concerns the possibility of compensation for moral damages resulting from the emotional abandonment of parents to the detriment of children. As methodological procedures, bibliographic and documentary research stands out, using the deductive method. In the first chapter, we will discuss the relationship between CRFB/88 and the evolution of the paternal/maternal filial relationship in the Brazilian legal system. In the second, the definition of civil liability will be discussed, whether in broad or strict terms. In the third chapter, we will discuss the duty of care and legal basis. In the fourth chapter, the entire dialectic of emotional abandonment will be presented, through the study of judgments, demonstrating their main compositions, giving rise to possible civil compensation for moral damage, as well as ensuring jurisprudence.

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Published

July 10, 2024

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