Affective abandonment and civil liability in family law

Abstract

The primary scope of this study is to undertake an analysis of the feasibility of civil liability in cases of emotional neglect, more specifically when perpetrated by parents, aiming to outline the risks and implications of emotional abandonment within the family. To achieve these goals, this work is based on contemporary legal foundations, analyzing what Brazilian legislation prescribed regarding union, marriage and adoption. The history of family law plays a crucial role in revealing the legal configuration before and after the promulgation of the Federal Constitution. Such analysis provides a glimpse into the evolution of contemporary civil law, highlighting its mutations and adaptations to the social context. To conduct this investigation, a deductive approach was adopted, anchored in the critical analysis of a diversity of bibliographic sources, covering specialized doctrine, current legislation, relevant scientific articles, consolidated jurisprudence and contributions available on electronic media. Subsequently, a detailed analysis of civil liability will be carried out, highlighting the multiple forms of action possible in this context. This study thus aims to contribute to a more in-depth understanding of the legal implications of affective relationships in the civil field, providing support for a fairer and more updated interpretation of family law in the contemporary Brazilian context.