Civil Liability in face of emotional abandonment and the problematic of indemnity

Abstract

This paper examines the possibility of compensation for moral damages, resulting from the noncompliance with obligations derived from intangible family power. It wants to show a legal content to the affection issue, routinely correlated to the idea of feeling. Usually, this problem is erroneously summarized as emotional abandonment. Such question is being promptly repudiated by the Brazilian Courts. It is not competence of the law to evaluate the goodwill in a parent-child relationship. However, the external behavior of parents must be analyzed, a behavior that should be proper and what parents are expected for. All of this, in face to the principle of responsible parenthood and of the best interests of the child, adolescent and young. This perspective will contribute to the healthy, ethical-existential, psychological and social development of the children. Keywords: civil liability; quantification; moral damage; emotional abandonment; responsible parenthood, repair