A responsabilidade civil nas relações de família: o direito à reparação idenizatória por danos existênciais decorrente do abandono afetivo inverso

Abstract

The present study seeks to understand the legal consequences applicable to the abandonment of reverse action, related to elder people, as well intending to demonstrate the possibility of civil liability for indemnity arising from such hypotheses, in certain way as we get to study analogically the treatment given to cases of conventional affective abandonment. This article is an exploratory research based on legal provisions, doctrine and analysis of legal positions on the Brazilian order, taking into account the relevant observation of the Basic Principles regarding Family Law, as well as the historical evolution of “family” concept, as well as the advances brought by our 1988 Federal Constitution of Brazil and the consequent update of the Civil Code in 2002. In this context, we can see that the jurisprudential positions have greater influence on the judgments of these cases, as we consider a partial legislative omission to address about this subject.