Abandono afetivo às avessas: da responsabilidade afetiva inversa à luz do ordenamento jurídico brasileiro

Abstract

The present course conclusion paper deals with the civil liability for inverse affective abandonment, being also known as affective abandonment inside out, characterized by the helplessness of the children before their elderly parents. The objective is to analyze the importance of affection in family relationships and the duty of care by family members regulated by the legal system. Although this theme does not have specific legislation, the elderly has normative protection conferred by the Federal Constitution of 1988, Civil Code of 2002 and Law No. 10.741, of October 1, 2003, known as the Elderly Statute, and find support in jurisprudential decisions. In addition, we sought to analyze during the research the constitutionalization of civil law, the consecration of the principle of human dignity, the importance of affection in the family, the assumptions for characterization of civil responsibility and the reality faced by the elderly, in which they are part of a vulnerable group facing society and suffering emotional abandonment, resulting in damages that cause monetary compensation, as a way to compensate for the absence of children in the lives of their elderly parents. This paper aims to discuss the possibility of applying the institute of civil liability in cases where the elderly are abandoned by their descendants, through recent articles, court decisions, biographical research and legislation on the subject.