ABANDONO AFETIVO E DANO MORAL: A AFETIVIDADE COMO DEVER JURÍDICO

Abstract

This study aims to analyze affective abandonment in family relationships from the perspective of Brazilian law, emphasizing affectivity as a legal duty and the possibility of compensation for moral damages resulting from the emotional neglect of parents. Based on the principles of human dignity and family coexistence, enshrined in the Federal Constitution of 1988 and the Child and Adolescent Statute, the research seeks to understand civil liability in situations where affection is unjustifiably denied, especially when there is formal recognition of parenthood but absence of emotional presence. In addition, the study investigates doctrinal and jurisprudential positions regarding the compensability of moral damages due to affective abandonment, as well as the practical challenges in proving such conduct. The analysis follows a qualitative approach, based on bibliographic, documental, and case law research, in order to contribute to the recognition of affectivity as an essential element in family relationships and a foundation for responsible parenting.