Right To Compensation For Moral Damages In Cases Of Affective Abandonment

Abstract

This article pretends to discuss the possibility of legal compensation for moral damages in front of occurrence of affective abandonment of parents in relation to their children. To this end, we present a detailed analysis of the legal provisions presented in the Brazilian law about the subject, since the concept of civil responsibility and indemnity to its application in the cases under study, besides the presentation of case law related to the topic. Given the recent decision of the Supreme Court recognizing this possibility, the debates in this subject law became more accentuated, so it is convenient to deepen this discussion.