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The New Law No. 15.240 and the Legal Recognition of Emotional Abandonment as a Civil Wrong

Over the past few years, the Brazilian Judiciary has increasingly emphasized the importance of the emotional bond between parents and children. The enactment of Law No. 15.240/2025, dated October 28, 2025, expands this understanding by expressly recognizing in written law that emotional abandonment may give rise to civil liability - that is, a father or mother who commits such abandonment may be ordered to pay compensation.

FAMILY

11/1/20252 min read

The New Law No. 15.240 and the Legal Recognition of Emotional Abandonment as a Civil Wrong

Over the past years, the Brazilian Judiciary has increasingly emphasized the importance of the emotional bond between parents and children. The enactment of Law No. 15.240/2025 (https://www.planalto.gov.br/ccivil_03/_Ato2023-2026/2025/Lei/L15240.htm), dated October 28, 2025, expands this understanding by expressly recognizing in written law that emotional abandonment may give rise to civil liability - that is, a father or mother who commits such abandonment may be ordered to pay compensation.

This change represents a significant step forward in protecting the dignity of children and adolescents, valuing not only material support but also the duty of coexistence, presence, and guidance.

What Is Emotional Abandonment

Emotional abandonment occurs when one of the parents, despite being fully capable, withdraws from coexistence, shows no interest, fails to participate in important decisions, and offers no emotional support.

Such constant and unjustified absence can cause serious harm to the child’s emotional and psychological development and, under the new law, may also have legal consequences.

The lack of dialogue, deliberate distancing, and disregard for the right to coexistence are examples of behaviors that may constitute emotional abandonment.

What the New Law Establishes

The new law makes it clear that parents have the duty not only to provide financially for their children but also to offer emotional support - that is, to participate actively in the child’s emotional, moral, and social development through presence and interaction.

When this duty is unjustifiably neglected, such conduct is now recognized as a civil wrong, allowing for a claim for moral damages.

Emotional Assistance

According to Law No. 15.240/2025, parents must provide emotional assistance through coexistence or regular visitation, enabling them to accompany the child’s psychological, moral, and social development.

This assistance demands:

  1. Guidance regarding major professional, educational, and cultural choices and opportunities;

  2. Solidarity and support during times of suffering or difficulty; and

  3. Physical presence when requested by the child or adolescent, whenever reasonably possible.

The Duty of Elementary Schools to Notify the Guardianship Council

In addition to strengthening parental duties of emotional assistance, the new law also establishes that principals of elementary schools must report cases of neglect, abuse, or abandonment to the Guardianship Council (Conselho Tutelar), as provided by Law No. 15.240/2025. This measure enhances preventive action and reinforces the comprehensive protection of children and adolescents.

Seek legal assistance

If you believe your child has been suffering from the emotional absence of one of the parents, it is essential to seek specialized legal guidance. Get in touch to protect your rights and ensure the well-being of your family.