Abandono afetivo inverso: responsabilidade civil dos filhos em relação aos pais idosos

Abstract

This work aims to study the emotional abandonment that is practiced by children against their elderly parents. Based on the principle of human dignity and the general rules of civil liability contained in the broad legal system, the possibility of elderly parents being compensated for the emotional abandonment practiced by their children will be discussed. Initially, civil liability within families will be analyzed. From the study of constitutional provisions and legislation, the protection of the elderly will be addressed, especially in the family context. Finally, with the fundamentals of family solidarity arising from parenting relationships, the lack of affection towards an individual who has dedicated his whole life to his children and has gone to great lengths to guarantee support, education and affection will be discussed, and then , given the frailties that accompany the elderly, he is placed in a marginalized role in his family. The incidence of moral damage resulting from affective abandonment in domestic relationships has been a recurring and controversial theme that justifies its study, especially when the victims of abandonment are elderly parents. In this way, the relevance of this work is demonstrated. The relevance is also demonstrated by the Bill in the Legislative Process, which provides for the rendering of accounts to children whose elderly parents are affectionately abandoned, leaving the family responsibility for the elderly.