Oh Affective Abandonment and Civil Liability in the Brazilian Legal System.

Abstract

ABSTRACT 

This study analyzes the legal treatment of emotional abandonment in Brazil, emphasizing its legislative, jurisprudential, and doctrinal evolution, as well as the practical implications of recognizing this conduct as a cause for compensation within Family Law. The research, qualitative and bibliographical in nature, is based on the Federal Constitution of 1988, the Civil Code, and the Child and Adolescent Statute, in addition to examining landmark decisions of the Superior Court of Justice, especially REsp 1.159.242/SP, which consolidated the possibility of civil reparation for emotional omission. The results demonstrate that the recognition of affection as a legal value has transformed the traditional understanding of parenthood, expanding the scope of the principles of human dignity and integral protection of children and adolescents. Civil liability for emotional abandonment fulfills a dual function: compensatory, by addressing the psychological damage caused by parental negligence, and pedagogical, by reaffirming the legal duty of care and coexistence. It was also found that the enactment of Law No. 15.240/2025 reinforces this understanding by codifying emotional omission as an unlawful conduct subject to reparation, providing greater legal certainty and effectiveness in protecting the dignity of children and adolescents.