Abandono parental afetivo: formas de reparação e mitigação de danos

Abstract

The 1988 Constitution of the Federative Republic of Brazil states that it is the family's duty to ensure the child, the adolescent and the youngster the right to family coexistence, and when there is a violation of the legal duty to ensure the right to family coexistence by the parents, it is characterized as affective parental abandonment - causing serious disorders and trauma to minors who grow up without the affective bond with the family and, equally, to the society in which these children are inserted. However, is emotional abandonment resulting from a parent's omission in the duty of care sufficient to condemn parents to indemnify their children? In order to investigate the thesis of affective abandonment in the case law of the STJ and the doctrinal understanding on the subject, this article discusses the issue raised, as well as other viable forms of mitigation and repair of damage, based on the jurisprudential and bibliographic methodology with analysis of documents, theses, dissertations, scientific articles, case law and judgments.