POSSO PROCESSAR O PAI DO MEU FILHO POR ABANDONO AFETIVO?

CAN I SUE MY CHILD'S FATHER FOR EMOTIONAL ABANDONMENT? @explainingthelaw What is emotional abandonment and what are its consequences? Conceptually, it is the failure to fulfill the duty of care, upbringing, education, and companionship owed to a child or adolescent, a duty stemming from parental authority, implicitly mandated in Article 227 of the Federal Constitution. Emotional abandonment is, therefore, a civil offense. It is important to emphasize that the illegality does not lie in the lack of love, since it is impossible to force someone to love another person, even their own child, but rather in the neglect in upbringing, education, and companionship. Any unlawful act that causes harm is subject to compensation. Thus, the aforementioned omission is subject to pecuniary compensation, as reparation for the moral damage suffered, provided that the actual damage is demonstrated. How is emotional abandonment characterized? Not every act of omission or action is capable of characterizing an unlawful act liable for compensation. There must be an unjustified denial of parental duties; there must be estrangement in family life; the omission or action must seriously compromise the child's psychic, affective, and moral development and formation; it must cause pain, subject them to embarrassment, cause suffering, humiliation, and anguish. Thus, in practice, it is extremely difficult to assess the facts that can be alleged and the evidence that can be produced in a lawsuit seeking compensation for emotional abandonment. What is the amount set for moral damages? First, it is important to emphasize that, although emotional abandonment is considered a civil wrong, it is not in itself capable of generating compensation. There will only be compensation if the civil wrong results in damage; therefore, it will be necessary to prove that there was moral harm. Once abandonment is proven and harm is demonstrated, the amount of compensation will be determined by analyzing numerous factors, such as the extent of suffering, the duration, the resulting psychological consequences, and others. The financial capacity of the offender must also be considered, and the compensation must adhere to a criterion of reasonableness and proportionality, taking care not to lead to unjust enrichment. Therefore, there is no pre-defined amount; each case must be analyzed individually. Consequences of Emotional Abandonment Living with parents and family is fundamental to the formation of a child's personality. It is worth noting that emotional abandonment by parents of their children can generate serious and often irreversible psychological consequences. In addition to the psychological consequences of emotional abandonment, such conduct can also have legal consequences, such as the right to compensation for moral damages. It is also possible to remove the surname of the father or mother who abandoned the child. Emotional abandonment goes hand in hand with parental alienation. Identifying when it is truly emotional abandonment and when parental alienation is occurring, and which came first, is a delicate task. It's also crucial to determine when one is the cause of the other. As mentioned earlier, emotional abandonment should not be confused with parental alienation. In abandonment, the act is committed freely and spontaneously by the father or mother, without interference from third parties. In parental alienation, on the other hand, there is interference from a third party to hinder or prohibit contact between the child and the alienated parent. For example, a father who divorces and does not maintain contact with his child of his own volition can be characterized as emotional abandonment. However, a father who divorces and tries in every way to maintain contact with his child, but is prevented by the mother, is being alienated and therefore can be characterized as parental alienation. If you enjoyed the video, subscribe to the channel, activate the bell, leave a like, comment, and feel free to share. I will bring new videos every Monday and Thursday at 7 PM. Become a member of this channel and get benefits:    / @explicandoodireito   Follow the channel on Instagram too: @explicandoodireitoyt ; @jaquelinemachadoadv Link to share this video:    • POSSO PROCESSAR O PAI DO MEU FILHO POR ABA...   Link to share the channel: https://bit.ly/3Bacg7e More important links: What is the value of child support?;    • 🍼QUAL O VALOR DA PENSÃO ALIMENTÍCIA?   How to reduce the amount of child support?;    • COMO DIMINUIR O VALOR DA PENSÃO ALIMENTÍCIA?   #emotionalabandonmentandtheobligationtocompensatein2023 #emotionalabandonment #howtoprovedamagesforemotionalabandonmentofachild? #whatisthevalueofcompensationforemotionalabandonment #whatisemotionalabandonment