Os riscos de judicializar os sentidos da vida: possibilidade da indenização por dano moral em virtude do abandono afetivo

Abstract

In the present study, the possibility and limits of the admissibility of indemnity for moral damage as a result of emotional abandonment are addressed, with the main objective of discussing the risks of judicializing the meanings of life. For this purpose, the judgments of the Court of Justice of Minas Gerais and the Federal District and Territories will be analyzed, in an exemplary manner, in order to explore what understanding has been adopted in Brazil. In this way, the work addresses the mentioned themes and their aspects. In view of this, bibliographic and documentary research was used as a basis, supported by laws, doctrines and articles by authors related to the subject. It was concluded, therefore, that there is a dichotomy between the punitive and restorative functions and that a balance must be sought.