Navegando por Assunto "Idoso"

Agora exibindo 1 - 2 de 2

Abandono afetivo inverso: a responsabilidade civil dos filhos pela omissão no dever de cuidado aos pais idosos
(Centro Universitário do Estado do Pará, 2019-06-12) Malcher, Maria Eduarda de Barros; Azevedo, Thiago Augusto Galeão de; Rocha, Karen Richardson
The Federal Constitution of 1988, in its articles 229 and 230, provides about the duties of mutual care, assistance and protection required in the paternal-filial relations, and the noncompliance with this precept, constitutes the so-called affective abandonment, occasion in which civil reparation for moral damages. In this way, this work has as general objective to analyze possibilities in which the children are civilly responsible for having affectively abandoned their elderly parents, analyzing the occurrence and the probable consequences of this attitude. The monograph begins with the conceptual identification of family law, under a brief historical and constitutional principles, as well as an understanding of the importance of the application of the principles for the valuation of the human person, emphasizing the principle of affection and dignity of the human person. The second chapter presents considerations about the elderly and analysis of the concept of reverse affective abandonment, as well as about the duty of children to assist their elderly parents, emphasizing the material abandonment of the elderly and the obligation to provide food. Finally, it discusses the civil responsibility of the children as a result of the reverse affective abandonment, brief considerations about the theories and assumptions of civil responsibility, and analysis of aspects of moral damage in the family relations, with emphasis to the Law Project No. 4,294 / 08, in proceedings in the National Congress, and for the jurisprudential understanding adopted by the Courts in relation to the topic under discussion. In this sense, it concludes that, although the jurisprudence referring to the abandonment of affective inverse is still scarce, there is a tendency to accept this thesis, especially considering that there is precedent in the STJ that admits the possibility of compensation when the victim is a descendant. Thus, having the same requirements, the cases of affective abandonment practiced by children to the detriment of their elderly ancestors, may also lead to civil reparation for the damages caused.
Análise da violência contra a pessoa idosa na pandemia da COVID-19 no estado do Pará
(Centro Universitário do Estado do Pará, 2022) Goes, Larissa Mescouto; Sakairi, Sheila Aemy Takemura; Neves, Dilma Costa de Oliveira; Costa, Tanise Nazaré Maia; http://lattes.cnpq.br/4471975369870057; http://lattes.cnpq.br/7230812534416350
The present study’s theme is the domestic violence against elderly people during the covid-19 pandemic in the state of Pará, in order to broaden the debate on the subject and offer theoretical elements that help to better understand the situation of vulnerability of the elderly in the face of the pandemic context in the state. Objective: Analyze the occurrence of this type of violence and the variables that involve it in general. Methodology: The type of research was ecological exploratory time series, with data obtained from the Notifiable Diseases Information System (SINAN) that were used under the management of the Department of Epidemiology of the State Department of Public Health of Pará (SESPA). The variables analyzed were gender, age, color, schooling, marital status, type of physical disability, mental disability, municipality of occurrence, place of occurrence, revictimization, type of violence, number of aggressors, relationship with the person victimized by aggression and alcohol use by the aggressor, and the exclusion criterion included duplication, occurrence in other states and cases with no filling of more than 50% of the variables mentioned above. Results: The data showed a significant increase in the number of records of violence in the period under analysis (2018 to 2021), with more cases related to females in the age group between 60-70 years, brown color, with elementary school education and married marital status. In addition, a predominance of psychological and hanging violence was identified, which occurred mostly from individuals unknown to the victim, in their residence itself and by one individual only. There was also an important recurrence of cases, which occurred more frequently in the urban area and with the aggressor being mostly male and often drunk during the episodes of aggression. Finally, it was found that there was no strong correlation between the Municipal Human Development Index and the occurrence of violence. Conclusion: Violence against the elderly is a public health, security, educational and economic problem that requires state actions to modify the current scenario, especially in the post-pandemic context, considering the increase in the fragility and vulnerability of this population in question.