Abandono afetivo paterno e o dever de indenizar: uma análise jurisprudencial do TJRS

Abstract

This thesis examined paternal emotional neglect and the possibility of compensation for moral damages resulting from this neglect. Using an approach based on bibliographic and jurisprudential research, the nature of paternal emotional neglect, its causes, including negligence and lack of parental reference, were discussed. The psychological effects of paternal emotional neglect were explored, highlighting how a father’s absence can lead to psychological problems, including low self-esteem and relationship difficulties. Important trends were identified, such as the need to demonstrate damage, the insufficiency of mere non-existence of paternal affection to configure moral damages, and the consideration that emotional neglect of someone who was unaware of paternity is not unlawful. Furthermore, in some cases, the court determined that compensation should be made through the father’s payment for psychological treatment for the child. The study contributes to the understanding of the complexity of the topic and the need for a careful approach in the interpretation and application of laws.