Responsabilidade civil por abandono afetivo: análise da apelação civil nº 70054827019/2013 do TJ-RS

Abstract

This monograph examines parental responsibility in respect to the fundamental principles relating to children and adolescents in the Federal Constitution of 1988 and the Statute of Children and Adolescents, in order to ensure the development of the person in this stage of life, deterring any form of neglect, mainly affective. Were made in this study bibliographical survey of both classical and contemporary works. Focusing on material damage resulting from the emotional distance and the civil liability of the parent since proven that the damage to mental and moral integrity of children. Initially, we present the constitutional vision of family and affective principles to the subject, emphasizing the principle of human dignity, full of children and adolescents, responsible parenthood and affection protection. Secondly, we make an analysis on the issue of liability and the discussion about its impact on relationships of affection, to approach the vision of the consequences of Psychology for victims of child abandonment. Finally, we present a trial aiming to demonstrate where deficiencies in the analysis of the issue of emotional abandonment and compensation arising therefrom are.