THE OBLIGATION TO INDEMNIFY THE CHILD IN AFFECTIVE ABANDONMENT CAUSED BY THE VOLUNTARY ABSENCE OF THE PARENT

  • Misael Honorato de Almeida
Keywords: Affective Abandonment, Obligation to Indemnify, Absence of the Parent, Duty of Care

Abstract

This study is based on the purpose of addressing the legal possibility of indemnifying the child caused
by the emotional abandonment caused voluntarily by the parent, based on the postulates of human dignity,
solidarity and the duty of care for the family. We will seek to bring up the way in which this type of litigation has
been analyzed by the judiciary, both when the courts decide on the liability of indemnity based on the psychological
consequences caused by emotional abandonment, as well as when it is decided that it is not possible to indemnify
with fulcrum in the argument of avoiding an industry of moral damage in family relationships.

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Published
2024-07-24