A tutela existencial da filiação: uma análise da responsabilidade civil por abandono afetivo à luz da jurisprudência do STJ

Abstract

This study analyzes the application of civil liability to cases of affective abandonment within the parent-child relationship, based on the understanding that the duty of care constitutes a legal obligation inherent to the exercise of parental responsibilities. The research is situated within the context of the constitutional reconfiguration of Family Law, marked by the overcoming of the patrimonial paradigm and the centrality of human dignity, family solidarity, and the full protection of children and adolescents. In this context, the study investigates the extent to which unjustified parental omission, when violating legal duties of care, coexistence, and assistance, may transcend the sphere of mere moral reproach and constitute an unlawful act capable of giving rise to civil liability and the consequent duty to compensate. The study aims to provide a legal analysis of the possibility of civil liability arising from affective abandonment in the parent-child relationship, with particular emphasis on the normative, doctrinal, and jurisprudential grounds supporting claims for moral damages. To this end, the deductive method is employed through bibliographical research, legislative analysis, and critical examination of the case law developed by the Superior Court of Justice (STJ). Structurally, the study is divided into three central chapters. The first examines the historical and constitutional evolution of Family Law and the establishment of the legal duty of care in parental relationships. The second analyzes the requirements of civil liability and their application within family relationships. Finally, the third specifically investigates civil liability for affective abandonment in the parent-child relationship, particularly in light of the understanding established by the Superior Court of Justice. The study concludes that the Brazilian legal system recognizes, in specific cases, civil liability arising from affective abandonment, provided that there is proof of a concrete violation of pre-existing legal duties, the existence of harm, and a causal link, thus constituting an important instrument for the protection of human dignity and the enforcement of responsible parenthood.