Considering the fact that affective abandonment has been an increasingly present
theme in legal discussions and that it has become of great relevance in family law,
since it directly affects fundamental rights of children and adolescents, subjects of
developing law, it is important research on the criteria that the Superior Court of
Justice used to characterize moral damage resulting from affective abandonment in
the paternal-filial relationship, in order to bring to light how the jurisprudence of the
STJ has been treating the issue. For that, it is necessary to research the
jurisprudence and make them dialogue with the doctrine. Then, a bibliographic and
jurisprudential research is carried out, which uses the hypothetical deductive
method so, based on the STJ's doctrine and jurisprudential decisions, it is possible
to understand the judges' comprehension of the present theme. In view of this, it
appears that the Brazilian doctrine, for the most part, recognizes the possibility of
parents' civil liability in the face of their children's emotional abandonment. The
STJ's jurisprudence, however, is not peaceful in relation to the theme, however, in
the decision in which it recognizes the moral damage resulting from emotional
abandonment, it is possible to observe that the STJ started to recognize the
relevance of the principle of affectivity and its relationship with the duty of care, in
the search for the State to protect the best interests of children and adolescents.
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