A vulnerabilidade iminente em meio à fixação dos alimentos avoengos: uma análise focada no estatuto da pessoa idosa e no princípio da proteção integral do idoso

Abstract

Grandparental alimony refers to the legal obligations owed by grandparents to their grandchildren when the parents are unable to provide it, either partially or in full. In the context of enforcement of alimentary obligations, civil imprisonment is one of the measures aimed at ensuring compliance with this duty. This situation leads to the issue addressed in the present study; considering the protective aspects of the Statute of the Elderly, many elderly people are obliged to provide grandparental alimony, in this context, how can legislation and jurisprudence balance the fulfillment of the grandparental obligation with respect to the principle of comprehensive protection of the elderly? In this scenario, the hypothesis arises that through the recurrent episodes in which the elderly are rendered vulnerable in the context of establishing grandparental alimony, the principle of comprehensive protection of the elderly will serve as a fundamental criterion guiding the aspects of the grandparental obligation, thus ensuring the preservation of the physical and mental well-being of the elderly in conditions of dignity and freedom; acting as a criterion for consideration, including in urgent protective measures. This precept, along with the application of Law No. 10.741/2003, protects and safeguards the elderly, preventing the compromise of their existential minimum and consequently avoiding financial abuse; it also aims to ensure the safeguarding of the physical and psychological health of the obligated ascendant. Thus, the study will first address grandparental alimony concerning its applicability and necessity. Subsequently, it will examine aspects of vulnerability under the Statute of the Elderly. Finally, the research will analyze the protection of the elderly within the framework of grandparental alimentary obligations, focusing on the legal support provided by Brazilian law. The analysis aims to explore legal, doctrinal, and jurisprudential aspects that can serve to protect the elderly in a potential state of vulnerability. From this analysis, it can be concluded that it is primarily the responsibility of the magistrate to adjudicate grandparental alimentary obligations with prudence and common sense, always considering the particulars of the specific case without issuing generic rulings; the magistrate may also opt for coercive measures other than civil imprisonment that are suitable to the case and effective in ensuring compliance with the obligation, always aiming for dual protection of rights within the dispute. Thus, the fulfillment of the alimentary obligation occurs without exposing the physical, psychological, and mental integrity of the elderly individual.