The Duty to Compensate for Emotional Damage in Parent-Child Relationships

The term paper explored the controversial issue of emotional neglect in parent-child relationships and the potential for compensation claims by children against morally absent fathers. While the Superior Court of Justice in Brazil held that moral abandonment was not eligible for damage repair, most Family Law scholars believed it was compensable and called for a new legal stance aligned with child protection principles. The paper aimed to define the prerequisites for recognizing compensable damage, emphasizing that not all cases of paternal abandonment warranted compensation, and focused on specific criteria for fair monetary compensation. It also analyzed how Brazilian judges and courts addressed this sensitive issue.