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New Brazilian Law Expands the Concept of Parental Responsibility by Including Emotional Absence as an Act Subject to Compensation. Understand How the Change Affects Families, Judicial Decisions, and the Role of Affection in Raising Children.
Law 15.240/2025, signed by the acting president, Geraldo Alckmin, amended the Child and Adolescent Statute (ECA) and began to recognize affective abandonment as a civil unlawful act.
The law establishes that mothers and fathers have a legal duty to provide not only financial support but also attention and regular companionship.
In cases of proven omission, the responsible party may face legal action and be ordered to compensate the child.
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Prior to the new legislation, there were isolated decisions in which Brazilian courts recognized the right to compensation for affective abandonment, but there was no express provision in law.
With the amendment to the ECA, the issue now has an explicit legal basis, which tends to provide greater security to judicial decisions and reduce interpretive discrepancies.
The new law also strengthens existing protective measures in the Statute, such as the removal of the aggressor from the home in cases of risk and oversight by public agencies.
What is Considered Affective Abandonment
Affective abandonment is defined in the law as the omission of the duty of emotional care and companionship.
This involves lack of guidance, absence of monitoring the child’s school and social life, and lack of presence, even from a distance, in relevant situations.
According to lawyer Vanessa Paiva, a family law specialist, it is not about quantifying the time spent together, but about assessing the impact of the omission.
“Simply seeing the child infrequently does not automatically guarantee classification. Relevant context of omission and harm is necessary,” she states.
The characterization of abandonment depends on the proof that there was emotional or psychological harm resulting from lack of companionship and support, as explained by legal experts consulted by the report.
Legal Duty Goes Beyond Child Support
With the change, payment of child support is no longer sufficient to characterize compliance with parental obligations.
According to family law specialists, the duty of presence, care, and guidance now carries the same legal weight as material support.
The legal text reaffirms that parental responsibilities include support, custody, education, and emotional assistance, in an integrated manner.
In cases of shared custody, the courts may consider the history of companionship and compliance with emotional duties in evaluating requests for changes in custody or visitation.
How Justice Can Prove Affective Omission
The finding of affective abandonment depends on concrete evidence.
According to legal experts, the judiciary usually analyzes the set of evidence that demonstrates the omission and the resulting harm.
Documents such as visitation history, school reports, messages, emails, and witness testimonies are accepted.
To be valid, electronic messages and other digital records must be formalized in a notary office, through a notarial deed.
Additionally, psychological reports and documents from social workers may be used to demonstrate the effects of parental absence on the child’s emotional development.
According to specialists, the analysis is conducted on a case-by-case basis and must prioritize the best interests of the child and adolescent, as provided by the Constitution and the ECA.
Legal Consequences in Case of Proof
If there is proof of affective abandonment, the responsible party may be ordered to pay compensation for moral damages.
The amount is determined by the judge, taking into account the severity of the conduct, the psychological impact, and the economic conditions of the parties.
The ruling may also include protective measures aimed at restoring family bonds, such as psychological support, family counseling, and oversight by public agencies.
According to lawyers, these measures have an educational and protective character, not just punitive.
Risk of Misuse in Family Disputes
One of the concerns raised by experts is the possibility of using the law in disputes between ex-partners.
Lawyer Vanessa Paiva explains that the legislation provides safeguards to prevent actions driven by retaliation.
“The requirement for concrete evidence and strict judicial oversight tend to reduce the risk of misuse of the law,” she asserts.
Furthermore, according to family lawyers consulted in the report, the law’s focus is the protection of children and adolescents, not the escalation of conflicts between parents.
The recognition of affective abandonment will always depend on the proof of real and measurable harm to the emotional integrity of the minor.
Practical Effects for Families and Responsible Parties
For legal experts and psychologists in the field, the main practical consequence of the new law is the reinforcement of parental co-responsibility.
Parents should participate effectively in their children’s lives, not only financially but also in daily and emotional support.
In cases of separation, legally registered cohabitation agreements and evidence of active participation — such as attendance at school meetings and regular communication — may be decisive in potential judicial disputes.
For families, lawyers recommend seeking family mediation and legal guidance before resorting to the courts, in order to avoid conflicts and preserve the child’s well-being.
According to specialists, the new law consolidates an understanding already present in judicial decisions and public policies aimed at childhood: companionship and emotional care are fundamental rights.
With the legal changes, one pressing question arises: to what extent can civil liability help strengthen family bonds and reduce emotional neglect?
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