A responsabilidade civil por abandono afetivo paterno-filial: uma análise da possibilidade de reparação à luz da Lei n. 15.240/2025 e da jurisprudência brasileira.

Abstract

This study examines civil liability for parental affective abandonment within the Brazilian legal system, in light of Law no. 15.240/2025 and Brazilian judge-made law. The study addresses the problem of whether affective abandonment constitutes an unlawful act subject to civil redress, particularly following the enactment of the aforementioned law, which amended the Child and Adolescent Statute to expressly characterize it as an unlawful conduct. Regarding methodology, the research is qualitative in nature, with an exploratory-descriptive approach, employing the deductive method and bibliographic and documentary techniques, through the analysis of legal doctrine, legislation, and judicial decisions. The study examines, first, the evolution of the concept of family and the principles that guide it; then, the requirements of civil liability and their application to affective abandonment; and, finally, the treatment given to the matter by the new law. The results indicate that affective abandonment constitutes an unlawful act subject to redress, insofar as it violates the parental duties of care and companionship, and that Law no. 15.240/2025 did not create such liability, but rather consolidated an understanding already established by legal doctrine and judge-made law, without dispensing with proof of the elements of civil liability, particularly damage. The study concludes that the effectiveness of the new statute will depend on its careful application by the courts, so as to ensure the comprehensive protection of children and adolescents without leading to the trivialization of compensatory claims.