Responsabilidade imaterial: uma análise acerca dos parâmetros jurídicos para a concessão da indenização por abandono afetivo inverso a genitores idosos

Abstract

The present work aims to analyze the jurisprudence that deals with civil liability regarding the affective abandonment of elderly parents, aiming to understand the legal parameters that the courts of justice establish in order to grant or not the responsibility for affective abandonment of elderly parents. The method used was the hypothetical deductive. In addition, we tried to present in the first chapter how the aging of the population worldwide had repercussions in legislation, including in Brazil through the 1988 Federal Constitution and other sparse legislation. The second chapter addressed the issue of civil liability and its elements, and how it is applicable in the case of affective abandonment of elderly parents. In the third chapter, the concept of reverse affective abandonment of elderly parents was presented and how accountability works in the detected cases and, finally, the jurisprudential analysis of the judges going through observing the legal parameters used in the foundations of the analyzed cases, reaching the conclusion that the period of coexistence of the elderly with their offspring is a determining factor in cases of civil liability. In this work, the hypothetical deductive method used was exploratory research.