CIVIL LIABILITY FOR AFFECTIVE ABANDONMENT IN THE LIGHT OF THE CASE LAW OF THE STJ

Abstract

This article analyzes civil liability for affective abandonment from a legal and constitutional perspective, focusing on the full protection of children and adolescents. The research is structured in three main axes: initially, it presents the legal and constitutional foundations that support the duty of care in the family environment; next, it examines the doctrinal evolution of the thesis of civil liability for affective absence of parents; finally, it conducts an analysis of the jurisprudence of the Superior Court of Justice, identifying recurrent arguments and possible divergences in the decisions. The study adopts a qualitative approach, based on a literature review and jurisprudential survey, and concludes that liability for affective abandonment, although it receives constitutional and doctrinal support, still faces resistance in its practical implementation, requiring unequivocal proof of damage and causality. From this reflection, the work proposes a rereading of the parental duty in the light of the dignity of the human person and the social function of the family.