A aplicação dos princípios da responsabilidade civil nos casos de abandono afetivo inverso

Abstract

This present article analyzes the inverse affective neglect, which is the type of abandonment practiced by the older children towards their elderly parents and the possibility that the conflicts caused by it may be resolved by the alternate mean of mediation, which presents itself as a mode of conflict resolution based on dialogue, on the peace culture and on the preservation of the family relationship, representing effectiveness in order to solve the strife and in the meantime enabling that the implicated parts may build or rebuild the family bonds. Considering the objectives of this article, the following topics will be exposed: the historical recollection of the family and the affection, the jurisdicional treatment given to the elderly by the Brazilian legislation, the inverse affective neglect and the civil responsibility that accrues from it, the damages brought forth to the elderly by the affective neglect and mainly the mediation and how it can be applied in the resolution of family strife. In all the given course, the guiding principles were the human being dignity and the implicit constitutional principles of affection, besides the search for the guarantee of the constitutional rights of access to justice and jurisdicional effectiveness.