Dano moral por abandono afetivo: omissão no dever de cuidado e a função pedagógica da indenização

Abstract

The purpose of this monograph is to analyze the claim to hold civilly responsible the parent who has affectionately abandoned the offspring, unmotivatedly disregarding the duties inherent to family power and triggering biopsychic damages to the child and adolescent that may last for a lifetime, that is, it is family bond that the human being develops the ability to relate and create bonds, especially in the first years of life. For that, it is necessary to explain and characterize the theme and the incidence of civil liability, in an isolated and joint way, in situations of emotional abandonment. The first chapter will be aimed at analyzing, in a succinct way, the characteristics of the family institution, as well as the concept of emotional abandonment and the consequences caused in the healthy development of the neglected child. Afterwards, the aspects characterized by civil liability in the Brazilian legal system and its applicability in family relationships will be exposed and, finally, the duty to indemnify in situations of helplessness and the criteria adopted for setting the amount of the indemnity amount will be addressed.