Civil liability for child abandonment the state of the issue in legal scholarship and case law

Abstract

Through a critical-descriptive analysis undertaken by bibliographic review and case-law analysis, this paper aims at outlining the main arguments regarding the compensability of personal injury resulting from child abandonment. In doing so, it ascertains the criteria that support each perspective. Therefore, favorable and contrary arguments will be scrutinized in order to identify grounds for effective compensation. Subsequently, civil liability requirements will be analyzed in order to correlate them with the possible framing of the issue. Then, by critical analysis, civil liability recognition effectiveness will be evaluated through a brief study of every case decided by the Brazilian Superior Court of Justice on the matter between 2004 and 2019, in order to outline its understanding thereof. Finally, the conclusion will summarize all previous sections, seeking to adequately portray the issue of civil liability for child abandonment under Brazilian Law.