responsabilidade civil por abandono parental

Abstract

This article aims to demonstrate the possibility of compensation through the Institute of Civil Responsibility in cases where the emotional abandonment of children and adolescents by their parents occurs, through a brief analysis of what is considered regarding the duty to compensate in the case in which there is emotional abandonment in accordance with doctrinal and jurisprudential positions in parallel with what the legislator says. To this end, it is necessary to study the transformations undergone by the family institute within the legal system, showing how much the evidence of the affection element drove such transformations, since their existence is essential for the consolidation and construction of family ties. In this sense, it is also necessary to analyze the principles that guide the subject, such as the principle of human dignity, the best interest and full protection of children and adolescents, among other substantial aspects for understanding the entire content. Aspects such as the duties of parents in relation to their children, showing the importance of their presence at all times with the child, the entire psychological side of the abandoned child, their traumas and how their development can be harmed in all periods of their life, including in adulthood. The essence of the work is to address the issue, verifying the legal relevance and applicability of the civil liability institute to cases of parental emotional abandonment.