The application of the institute of civil responsibility for paternal-filial affective abandonment

Abstract

According to the Federal Constitution, parents have the duty to assist, raise and educate their children until they reach the age of majority. However, many parents, despite promoting support, abandon their children affectively. Notably, moral abandonment causes psychological sequelae in the child or adolescent, which will reflect on the individual's adult life, however, such abandonment violates constitutionally protected values. In this sense, the present study intends to discuss the possibility of material reparation in cases of paternal-filial affective abandonment. Therefore, the research begins by analyzing affection and care as values protected by the Brazilian legal system. Afterwards, it will be explained what the institute of civil responsibility and its relationship with Family Law and the doctrinal and jurisprudential positions on the subject are. The methodology used was the deductive method, with bibliographic and documental research, based on the consultation of articles, legislation and jurisprudence.