RESPONSABILIDADE CIVIL POR ABANDONO AFETIVO PATERNO-FILIAL NO BRASIL

Abstract

This work, which deals with the possibility of applying civil liability for affective abandonment between parents and their children, is intended, through understandings of all legal regulations, to defend offspring who suffer from the absence of their parents' duty of care, since it is essential for education and upbringing. In this way, it is understood that the legal system does not oblige parents to provide affection, but clearly the absence of this results in various emotional, psychological and sentimental factors, which lead to numerous health problems and for this reason, alimony alone is not enough to pay for medical treatment, so compensation is necessary, based on the damage caused by the parent. In addition, it will specifically demonstrate the importance of the family as a basis in society and in the upbringing of children and adolescents, in which it will evaluate comparisons from antiquity to the present day. It will also report on the applicability of the current law and directions that can be adopted in the face of the understandings of the entire legal system regarding the defense of children and adolescents, due to the great absence of the presence of parents (genitors) with their children in the course of upbringing. It is worth emphasizing that the study will cover lack of care as a form worthy of civil liability.