Abstract
The work in question will deal with civil liability for affective abandonment with a focus on the maternal/paternal-child relationship, given that it is a topic of great relevance for the current legal universe because it is increasingly recurrent for children to be sought by the Judiciary in order to to claim indemnities for moral damages against the father/mother. In order to better present and demonstrate the issues discussed here, the doctrine and jurisprudence of the Superior Court of Justice and some Brazilian regional courts were used. At first, we sought to analyze how the evolution of the Brazilian family occurred, based on the Federal Constitution of 1988, the Civil Code of 1916 and the Civil Code of 2002. Afterwards, civil liability was addressed, demonstrating its elements and how they present themselves in affective abandonment. For this purpose, jurisprudence and real cases wereused. Finally, the issue dealt with here was addressed, with emphasis on family power and affective abandonment. Positions in favor and against the issue of repairing moral damages in these cases were also presented.
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