An analysis of civil responsibility for affective abandonment

Abstract

The research intends to make some notes on affective abandonment, perspectives that arise as a problem in Brazil, since numerous cases of negligence on the part of parents in providing affection to their children are registered. An issue discussed in courts across Brazil, although current legislation does not expressly list a direction capable of fully solving all problems arising from emotional abandonment, it addresses some nuances. With this, the present research has the purpose of demonstrating that the omission before the duty of care, is capable of causing several damages in the children, whether in childhood or adolescence. Civil liability is a way of entrusting those who abandoned, seeking to compensate for the damage suffered by the victim, enforcing the principle of human dignity, as provided for in the Magna Carta of 1988, together with Law No. 10,406, of January 10, 2022 (Civil Code) in effect and Law 8069, of July 13, 1990 (Statute of Children and Adolescents - ECA). For the protection of the most vulnerable, who seek the protection of the State, to prevent and intimidate the action of future aggressors, through more effective punishments, with the intention of creating and establishing a healthy environment, for all family members, especially for children and adolescents who will be able to develop, within an environment where their rights and guarantees are respected and concretely implemented, allowing healthy development, both physically and intellectually, in the absence of trauma. For this, the research considers the ECA, to dialogue with the Constitution of the Federative Republic of Brazil of 1988, highlighting judgments that entered directly into the analyzed theme, premises that will be related to the bibliographic reference, having a methodological bias in the dialogue between the sources.