CIVIL LIABILITY FOR EMOTIONAL ABANDONMENT: LEGAL LIMITS OF COMPENSATION IN PARENTAL RELATIONSHIPS

Abstract

This scientific article analyzes the possibility of holding parents civilly liable for emotional abandonment of their children, observing the constitutional, civil, and principle-based foundations applicable to the Brazilian legal system. The research starts from the understanding that, although affection cannot be imposed, the duty of care constitutes a legal obligation inherent to parental authority. The study examines the evolution of the concept of family, the valorization of affection in parental relationships, and the assumptions of civil liability in the face of unjustified parental omission. Doctrinal and jurisprudential understandings are also analyzed, with emphasis on decisions of the Superior Court of Justice that recognize the possibility of compensation for moral damages in specific cases. It concludes that emotional abandonment can give rise to civil redress when a violation of the duty of care, actual damage, and causal link are proven, observing the limits of state intervention in family relations.