O abandono afetivo inverso: a solidão da terceira idade e a violação do dever de cuidado referente à prole

Abstract

This monograph has as its object of research the analysis of the Civil Liability of children in relation to their parents for inverse affective abandonment. First, the institution of the family in Brazilian constitutional civil law will be presented, the concept of family and its historical evolution, as well as the importance of children in the care of their parents, how this attitude would contribute to an improvement in their living conditions, as they become advanced in age that depend on the supervision of capable people to attend to their needs. Subsequently, examine the legislation pertaining to the family and the duty of affiliation together with the Statute of the Elderly. With relation to the principle of human dignity, affective responsibility on the part of the offspring, effectiveness and the best interest of the elderly, in order to civilly hold the offspring if this need is not met. The assumptions of civil liability will be analyzed in the light of affective parental abandonment, verifying which elements are fulfilled in the specific case. Furthermore, the effective function of the indemnity will be seen by analyzing the pending controversy on this matter. Having made these doctrinal considerations, the country's jurisprudential position on the subject will be analyzed, in order to fully clarify it. Finally, the theme is concluded, in order to try to resolve the questions raised throughout the body of the monograph.