The (in) effectiveness of civil remedy in cases of affective abandonment by parental filial

Abstract

This work seeks to discuss civil reparation in cases of emotional abandonment, focusing on the (in)effectiveness of said reparation. Initially, the work addresses the evolution of family relationships, highlighting the importance of affection in paternal and filial relationships over time, exploring the historical transition of family structures, from the patriarchal family to contemporary times, highlighting the appreciation of affection. In another turn, it discusses the importance of affection in the psychological and social development of children and how the 1988 Federal Constitution and the Child and Adolescent Statute guarantee the protection of young people, and highlights the important role of parents in the emotional development of children. Afterwards, there is a reflection on affection as a constitutive element of family relationships, highlighting that although essential, it is not a legally enforceable legal principle. On this occasion, divergent doctrinal understandings on the topic will be presented. Subsequently, the possibility or not of civil reparation in cases of emotional abandonment will be debated in light of the Civil Code and the Federal Constitution. Finally, the work raises questions about the (in)effectiveness of civil reparation in cases of emotional abandonment, questioning whether the omission of affection should be considered an illicit act subject to reparation, as well as whether financial compensation is capable of repairing the possible psychological damage that a lack of affection can cause to a child or adolescent.