Devouring mothers an essay on the loss of a chance within the scope of maternal-filial bonds

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Silmara Domingues Araújo Amarilla

Abstract

The mother is the individual who ensures life for the offspring, conceiving, gestating, giving birth and nurturing their descendants, as well as assuring them love and care essential to their growth. The assertion that inaugurates this work - saturated with an oblative, ethereal and mystified view of motherhood - purposefully ends immemorial fantasies. The theory of the loss of a chance, commonly considered to recompose the suppression of an opportunity for future profit, due to commissive or omissive unlawful conduct practiced by someone, deserves to be confronted also under the bias of the existential, psychic and moral legal goods, finding in family relationships a fruitful environment. After all, since the family is the primary locus for the construction of the identity, personality and autonomy of children and adolescents, they are - due to their inherent vulnerability - subject to other people's care for good and evil, to talk about missed chances and opportunities is crucial in the theoretical framework of contemporary civil liability, and this is exactly the journey that is proposed. Therefore, the critical-reflexive investigation of the concept of the loss of a chance under the specter of deprivation, dismantling or failure of the maternal function and its repercussion on the construction of the infant's personality and autonomy is sought.

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How to Cite
AMARILLA, Silmara Domingues Araújo. Devouring mothers: an essay on the loss of a chance within the scope of maternal-filial bonds. Revista IBERC, Belo Horizonte, v. 4, n. 1, p. 65–82, 2021. DOI: 10.37963/iberc.v4i1.155. Disponível em: https://revista.iberc.org.br/iberc/article/view/155. Acesso em: 18 oct. 2026.
Section
National Doctrine
Author Biography

Silmara Domingues Araújo Amarilla, Escola Superior da Magistratura de Mato Grosso do Sul

Doutora em Direito pela Pontifícia Universidade Católica de São Paulo – PUC/SP. Mestre em Direito pela Faculdade Autônoma de Direito – FADISP. Professora da Escola Superior da Magistratura de Mato Grosso do Sul – ESMAGIS. Membro do Instituto Brasileiro de Direito de Família – IBDFAM e do Instituto Brasileiro de Estudos de Responsabilidade Civil – IBERC. Advogada.