A possibilidade de aplicação da responsabilidade civil ao pai nos casos de abandono afetivo do filho: uma análise à luz da jurisprudência do STJ

Abstract

The relationship between father and child is of undeniable importance, extending beyond mere material provision to encompass the emotional dimension—a crucial element in the development of a child's personality and well-being. In Brazil, there exists a cultural disparity in the perception of maternal and paternal roles, often assigning the father solely financial responsibility, while mothers juggle caregiving, education, and financial duties. Paternal-filial emotional abandonment occurs when a father fails to fulfill emotional and affective obligations towards the child. Since 2012, this issue has sparked significant discussion and disagreement in the Jurisprudence of the Superior Court of Justice, given the absence of clearly defined prerequisites for establishing paternal civil liability in cases of emotional paternal-filial abandonment. This research aims to understand the prerequisites adopted by the Superior Court of Justice (STJ) over the past eleven years to recognize the possibility of applying civil liability to the father in cases of emotional abandonment. The inductive method will be applied, starting with the analysis of specific STJ jurisprudence on this topic to draw general conclusions, thereby identifying the main prerequisites adopted in STJ decisions that allow for the civil liability of the father for emotional paternal-filial abandonment. Additionally, comparative and monographic procedural methods will be used to conceptualize emotional paternal-filial abandonment and demonstrate discrepancies in STJ jurisprudence. For this research, documentary and bibliographical research techniques will be utilized, involving documents such as doctrines, monographs, jurisprudence, and articles. Through these sources, the concepts of emotional abandonment and its implications will be analyzed, along with the prerequisites adopted by the STJ for establishing civil liability in cases of emotional abandonment and the possibility of compensation in these cases. Upon analyzing the STJ jurisprudence, it became evident that mere emotional abandonment does not constitute civil liability and the duty to compensate. It is essential to prove the father's omission or commission, as well as the actual damages suffered by the child in their personal development due to paternal emotional abandonment. Furthermore, according to the STJ, there must be a causal link between the father's conduct (wrongful act) and the harm suffered by the child to demonstrate that the father's abandonment was the direct cause of the psychological and social damages endured.