Legal effects of parents' civil responsibility facing children's affective abandonment

Abstract

This article aims to present the consequences of parents' civil liability for the emotional abandonment of their children. Does the study take place in view of the problem about the importance of the presence of parents in the children's lives, goes beyond being a provision of alimony and claim for indemnity for moral damages due to emotional abandonment? The method adopted is based on bibliographical research with a focus on legislative provisions and principles, through doctrinal and jurisprudential studies. Faced with social transformations, the evolution of the concept and family structure is evident, resulting in new family compositions, worthy of state protection. The family has an essential role in the upbringing and development of children and adolescents. It appears that, even after paying alimony, this is not enough, as family life is essential for social and psychological development. The absence of parents from their children can lead to trauma, often irreversible, resulting in emotional abandonment and violation of rights and guarantees, enshrined in the Federal Constitution and in the Child and Adolescent Statute (ECA). In this way, civil liability in Family Law consists in the obligation of reparation for the one who causes damage. Thus, the perpetrator must be held civilly liable. However, the Courts understand that the reparation is only valid upon characteristics proven by unlawful acts, thus, the injured person may enter the judicial sphere, seeking their right and possibility of repairing the damage caused by their parent, who must pay compensation.