O abandono afetivo inverso: análise jurídica sobre a responsabilidade civil do dever dos filhos de cuidar dos seus pais à luz do ordenamento jurídico pátrio

Abstract

This study brings to the appreciation a recent theme in Brazilian Civil Law, which is the violation of the duty to care for the children in relation to their parents. The neglect of this duty is a controversial subject in the juridical sphere, in doctrinal as well as in jurisprudential decisions, because it is closely linked with the respect for fundamental human rights, foreseen in the Constitution of the Federative Republic of Brazil of 1988, especially that listed in article 229 and also the rights guaranteed in the Statute of the Elderly. The objective of the study was to analyze the institute of the reverse affective abandonment based on the foundations of the integral protection to the elderly in the legal order of the country. The methodology used in the development of the research comprised a bibliographical research, descriptive with a qualitative approach. It was also sought in the legal literature relevant legislation. The study showed the possibility of condemnation of the children as consequence of the moral damages that originate in the affective abandonment of the children towards the elderly parents. But the theme of affective abandonment which includes the responsibility of the children to provide immaterial protection to the elderly parents, still causes a great legal discussion. In this way a deeper analysis of the matter is necessary ascertaining whether or not the possibility of compensation is possible.