Naquela mesa está faltando ele: uma análise sobre a responsabilidade civil por abandono afetivo paterno

Abstract

The monograph explores civil liability arising from paternal emotional neglect, emphasizing its legal, social, and emotional relevance. The central objective is to analyze how Brazilian law addresses parental omission under the principles of human dignity, the duty of care, and responsible parenthood. The research adopts a qualitative and descriptive approach, based on bibliographic, legislative, and jurisprudential analysis, discussing the inherent duties of parental authority, the father’s role in child development, and the criteria necessary for establishing civil liability in such cases. The study presents a historical evolution of the concept of filiation, highlighting the transformation of family relationships from a patriarchal and patrimonial model to one founded on affection and the comprehensive protection of children and adolescents. It argues that while love cannot be legally enforced, care and coexistence are parental duties intrinsically linked to ensuring the healthy development of offspring. The impacts of emotional neglect are thoroughly discussed, revealing psychological, emotional, and social damages that can compromise identity formation, self-esteem, and emotional stability in children. Parental omission is addressed not only as an ethical and moral failure but as a breach of legal obligations imposed by the legal system. The analysis also explores the criteria for establishing civil liability, including identifying damages, unlawful conduct, and causal links, while considering evidentiary challenges and the limitations of financial compensation in cases of emotional violations. The findings indicate that recognizing emotional neglect as grounds for compensation represents progress in Family Law, aligning with the principles of comprehensive protection and the value of emotional bonds. However, the monograph highlights that enforcing such rights requires a sensitive and contextualized interpretation capable of balancing the material and immaterial aspects of parental relationships. The study concludes that holding parents accountable for emotional neglect not only reaffirms the centrality of affection in family relationships but also contributes to building a fairer, more equitable society committed to the well-being of future generations.