A falta de afeto e o direito de indenização pelos pais

Abstract

This work is scoped to the Civil Liability of parents - and condemnation to the payment of compensatory damages - for the affective abandonment perpetrated against children. To this end, the emotional abandonment is approached from the changes taking place in society and their consequences for the legal system, especially on the new foundations of the Constitutionalized Family, guided by the Principle of Human Dignity. The Legal Principle of Affection and its emphasis on Family Law will be illustrated. Affection will be treated as an essential element in the integral development of the human being in order to demonstrate how its absence can harm the development of the individual since childhood. Finally, it is brought to the discussion the possibility of civil liability of the parents based on the Principle of Affection and their liability in family relationships.