Responsabilidade civil por abandono afetivo

Abstract

: Although there is the national laws the principle of immunity from civil liability in family relations, the judiciary is breaking with this principle as can be inferred by analyzing the Special Appeal 1.159.242 - SP in view of the various decisions that admitted arbitration indemnity to compensate moral damage as a result of emotional. Thus, the present study addressed the issue of moral damages resulting from emotional distance considering that the induced effects are devastating and emotional abandonment are clear reflections on the individual and the society in which it lives. Thus, the civil indemnity for abandonment affective search compensate that child or teenager who has gone through tough emotional sequel, and perhaps insurmountable, having a reward in your life through the compensation received. It was found that although the affection itself is not amenable to monetization, omission and negligence of parents in the upbringing and education of children, the breach of duty of care and the abolition of the right to live in family featuring illegal acts and thus are subject to moral damages. At the end it was found to be possible and feasible to civil liability of parents for emotional distance, not as remedial measure by an affection which no longer exists or has never existed, but as a way to educate parents about their role in the formation of their children.