Responsabilidade civil por abandono afetivo na relação paterno-filial

Abstract

It is longed for, through the present work, to analyze the suitability of the civil responsibility on father and sons' relation and the consequent indemnification by moral damage of affectionate abandonment. For that, it is realized an analysis of the legislation, doctrinaire works, judgements and articles, such as electronic and from specialized magazines. The option to choose the approached subject comes from polemics around the matter, which despite of being on agenda for some years, still generates countless controversies. During the study it was verified the legal obligation of the parents to accompany the sons' development, through relation, affection, raising and education, among other duties, based mainly on human dignity principals. The neglect by the parents, by leaving the son in abandonment, infringes sons' integrity, providing indemnification for moral damage. The study from Institute of the civil responsibility became necessary in order to verify which of the presupposed should be present to configure the damage. Finally, it was observed that, for those who defend the indemnification by affectionate abandonment, such indemnification does not just have a indemnity character, but also a pedagogical function, in sense of bringing to surface arguments concerning to the resulting responsibilities of paternity.