INDENIZAÇÃO POR DANOS MORAIS NAS AÇÕES DE FAMÍLIA: AFETO COMO UM BEM QUE TEM VALOR

Abstract

The present study elucidates the civil liability of a parent who abandons their offspring, a topic that intersects the areas of civil law and family law. It should be noted that rulings on this subject are not unanimous, and the amounts awarded vary significantly. Thus, the research aims to quantify the appropriate increase in moral damages in cases of emotional abandonment, considering that a judicial decision will not compel a parent to love their child, but only to compensate for failing to fulfill their social role. To this end, the work will employ a deductive method, starting from general concepts to ultimately specify the relationship between the fair value of moral damages and the prevention of unjust enrichment. The results indicate that there is no uniformity in decisions.