Responsabilidade civil por dano moral nas relações familiares em linha reta

Abstract

This thesis, developed in the Post-Graduation Program in Law at the Pontifícia Universidade Católica de São Paulo - PUC / SP, is about the investigations of the Rights of the Family, concerning the Comparative Law. The research was divided into five parts, starting by the discussion about Family and Law, its purposes, species, the standardization of the state of family and its protection according to the Brazilian laws. In the second chapter, we discuss the civil liability and its concepts, presenting the main assumptions to characterize it better: the action, the omission and anti-jurisdiction of the act; the eventualities and the award factors are also discussed in order to, finally, differentiate patrimonial damage from morale damage. In chapter three, we specify the debate bearing in mind the civil liability for damages derived from the family relations, presenting mercy and family solidarity as well as the background and the character of responsibility under the family relations. The crux of this work is in Chapters four and five. In these last two chapters, we discuss the civil liability among straight-line relatives: in the fourth we discuss the liability between ascendants and descendants, in relation to the affective abandonment for the investigation of paternity, in the failure of feeding and in case of violence; in the fifth and final chapter, we present the civil liability of the descendants to the ascendants, regarding the spiritual abandonment, which we call helplessness, fault in the duty of feeding and violence against elderly ascendant. In the end, we present the convictions that have been reached in this research, with suggestions for future standards in the area of the Rights of the Family