A RESPONSABILIDADE CIVIL DO ABANDONO PATERNO NO BRASIL

Abstract

Throughout this article, which has as its theme: Civil liability for paternal abandonment in Brazil, the idea that this subject has gained relevance in recent years is discussed, especially in the face of the growing judicialization in cases in which affective absence along with paternal negligence has generated considerable emotional damage to children. The Federal Constitution of 1988, by establishing the dignity of the human person as one of the foundations of the Democratic Rule of Law and by ensuring, in article 227, the rights of children and adolescents to family life, imposes on parents the duty of care, protection and affection. The voluntary and unjustified omission of the father in relation to these duties, when proven to cause psychological suffering, may constitute an unlawful act and give rise to compensation for moral damages, as provided for in articles 186 and 927 of the Civil Code. Brazilian jurisprudence has recognized the possibility of compensation, not to oblige affection, but to hold legally responsible the one who neglects a fundamental duty. Paternal abandonment, more than a private problem, constitutes a violation of fundamental rights and needs to be faced as a matter of public and social order. In addition to monetary reparation, the recognition of damage is an instrument of symbolic justice and appreciation of childhood. Promoting civil liability in these cases is to reaffirm that parental care is not optional, but a legal and ethical duty that must be fully and consciously assumed. In this context, the general objective of the present work is to research the legal, doctrinal and jurisprudential treatment given to paternal-filial abandonment and the possible applicable liabilities. To this end, the research uses the deductive method based on bibliographic research.