The Superior Court of Justice (STJ) has a page called “Pesquisa Pronta” (Ready Research) where it shares its findings on relevant topics. In its latest edition, the page addressed the controversial issue of whether moral damages are appropriate in cases of emotional abandonment.

According to the understanding established by the Superior Court in the AgInt judgment in AREsp 1,286,242, “the STJ has a firm understanding that the duty of care includes the duty of support, custody and education of children. There is no legal duty to care affectionately, so that emotional abandonment, if the duties of support, custody and education of offspring are fulfilled, or of providing for the needs of older children and parents, in a vulnerable situation, does not constitute compensable moral damages.”

Despite the STJ’s understanding, the issue is still discussed in lower courts.