The Right to Compensation for Moral Damages as a Result of Parental Neglect.

Abstract

This work is a reflection about a stormy subject, namely, the right to compensation for moral damages as a result of parental neglect. It sought initially an analysis of the Roman family, demonstrating the mission of pater family, and its relation with the rest of the family members. After that, the Brazilian family and its evolution were analyzed up to the present day. Moreover, we tried to carry out an approach to existing family relationships, demonstrating the existence of rights and duties that parents have towards their children and vice versa, its consequences and the seriousness of the failure to comply with such rights and 

duties. The relevant legislation is also demonstrated in this topic. In order to maintain the coherence of research, we sought to examine the legal interests directly affected by the omission conduct of the father in the son's creation, showing the harmful consequences in child education. Thus, by exposing individual cases and judged important, sought to address the  issue  of the  right  to  compensation  in  order  to  minimize  the  damage  suffered  by abandonment and lack of affection. In this sense, it is questioned whether it would be possible to convict a parent judiciary that lacked his affection duty and affection toward to his son, and whether it would be entitled to require some compensation because of this tort. It is true that the subject still needs much debate and research. But it also portrait of an unfortunate reality of many minors, private of family life. Dodging personal and political views, this reflection was intended to demonstrate the seriousness of the issue, and the clear responsibility of the parent to be shy to ensure your child constitutionally protected rights, to have a healthy coexistence, full monitoring, affection and care.